Italy (October 10, 1990) - Revision history

LMyhre at 22:38, 17 July 2008

2008-07-17T22:38:17Z

← Older revision		Revision as of 22:38, 17 July 2008
Line 1:		Line 1:
	'''Score = 24'''		'''Score = 23'''

	''Governed by:''		''Governed by:''

LMyhre at 22:22, 17 July 2008

2008-07-17T22:22:03Z

← Older revision		Revision as of 22:22, 17 July 2008
Line 109:		Line 109:
	\|		\|
	\| Efficiency		\| Efficiency
	\| 1		\| 0
	\|		\|

Line 151:		Line 151:
	\|		\|
	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 0
	\| ~~Law no. 287, Section 3, prohibits business entities from abusing a dominant position in a market, but not necessarily from occupying such a position.~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"

LMyhre at 20:22, 10 July 2008

2008-07-10T20:22:10Z

← Older revision		Revision as of 20:22, 10 July 2008
Line 1:		Line 1:
	'''Score = 25'''		'''Score = 24'''

	''Governed by:''		''Governed by:''

	Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)<ref>http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>		Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)<ref>http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>

	~~Law no. 57 of March 5th, 2001 (Section 11) - Provisions governing the opening and regulation of markets (Official Gazzette no. 66 of 20 March 2001)<ref>http://www.agcm.it/eng/E7.htm</ref>~~

	Presidential Decree no. 217 of April 30th, 1998 - Procedure regulations that guarantee to the parties full knowledge of the acts, and minutes taken during hearings, with regard to the activities of the Authority (Official Gazette no. 158 of 9 July 1998).<ref>http://www.agcm.it/agcm_ENG/NORMATIV/E_NORMNA.NSF/3f0c7d0babd6a38bc1256bb800327ceb/89f1b657d76e4b3fc1256bb8003610f6?OpenDocument</ref>


Line 43:		Line 39:
	\| 1		\| 1
	\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.		\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.
	Law No. 57, Section 11(3-''bis'') permits the Competition Authority to investigate complaints filed by third parties regarding abuses of economic dependence that may affect competition or a free market.

	\|-		\|-
Line 54:		Line 49:
	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 0
	\| Presidential Decree no. 217/98, Section 7(1)(b) permits participation by 3rd parties representing public or private interests, and associations representing consumers that might be directly, immediately and presently damaged by the violations under investigation or by any measures adopted as a result of it. Section 7(2) states that these 3rd parties may produce written submission, documents, arguments and opinions, and also have access to documents, in accordance with Section 13 of the decree (which covers confidentiality).		\|

	\|- class="categorydivision"		\|- class="categorydivision"

LMyhre at 20:17, 10 July 2008

2008-07-10T20:17:40Z

Show changes

LMyhre at 03:16, 7 July 2008

2008-07-07T03:16:45Z

← Older revision		Revision as of 03:16, 7 July 2008
Line 14:		Line 14:
	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title IV,~~ Section 25(2) implies that scope extends to foreign corporations.		\| Section 25(2) implies that scope extends to foreign corporations.

	\|- class="categorydivision"		\|- class="categorydivision"
Line 20:		Line 20:
	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title II, Chapter III,~~ Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Competition Authority.		\| Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Competition Authority.

	\|-		\|-
Line 32:		Line 32:
	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title II, Chapter III,~~ Section 18(3) permits the Competition Authority to require corrective measures that will restore effective competition.		\| Section 18(3) permits the Competition Authority to require corrective measures that will restore effective competition.

	\|- class="categorydivision"		\|- class="categorydivision"
Line 38:		Line 38:
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title II, Chapter II,~~ Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.		\| Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.

	\|-		\|-
Line 62:		Line 62:
	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| ~~Law no. 287 of 10 October 1990, Title II, Chapter III,~~ Section 16(1) requires mandatory notification to the Authority of mergers of undertakings whose value or combined values exceed certain levels, which are adjusted each year for inflation.		\| Section 16(1) requires mandatory notification to the Authority of mergers of undertakings whose value or combined values exceed certain levels, which are adjusted each year for inflation.

	\|-		\|-
Line 68:		Line 68:
	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| ~~Law no. 287 of 10 October 1990, Title II, Chapter III,~~ Section 16(1) requires notification prior to merger, if the value of the merging undertakings, or their combined value, exceeds set levels that are adjusted annually for inflation.		\| Section 16(1) requires notification prior to merger, if the value of the merging undertakings, or their combined value, exceeds set levels that are adjusted annually for inflation.

	\|-		\|-
Line 80:		Line 80:
	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Market dominance is considered before mergers are approved. If a merger will result in market dominance, it may not be approved, or the Competition Authority may require measures designed to prevent the merger from abusing its dominant position.<ref>~~Law no. 287 of 10 October 1990, Title I, Chapter I,~~ Section 6</ref>		\| Market dominance is considered before mergers are approved. If a merger will result in market dominance, it may not be approved, or the Competition Authority may require measures designed to prevent the merger from abusing its dominant position.<ref>Section 6</ref>

	\|-		\|-
Line 86:		Line 86:
	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I, Chapter I,~~ Section 6(1) requires that the Competition Authority consider whether a merger will result in the restriction of competition, when deciding whether to approve the merger.		\| Section 6(1) requires that the Competition Authority consider whether a merger will result in the restriction of competition, when deciding whether to approve the merger.

	\|-		\|-
Line 92:		Line 92:
	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I, Chapter I,~~ Section 8(2) states that undertakings which operate by law for the general economic interest, or in a state-authorized monopoly, are exempt from the anti-competition measures of this law, but only if that is necessary for the provision of those services.		\| Section 8(2) states that undertakings which operate by law for the general economic interest, or in a state-authorized monopoly, are exempt from the anti-competition measures of this law, but only if that is necessary for the provision of those services.

	\|-		\|-
Line 98:		Line 98:
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| Undertakings which operate by law for the general economic interest, or in a state-authorized monopoly must still submit notification to, and receive approval from, the Competition Authority before any merger.<ref> Undertakings that are exempt from anti-competition measures which provide services to their subsidiaries or controlled companies must provide the same terms and other conditions to competitors.<ref> When exemption from anti-competition measures is done for purposes of public order, public safety, national defense, or telecommunications, businesses may not be able to produce their own services internally except if a government franchise is granted.<ref>~~Law no. 287 of 10 October 1990, Title I, Chapter I,~~ Section 9(2)</ref>		\| Undertakings which operate by law for the general economic interest, or in a state-authorized monopoly must still submit notification to, and receive approval from, the Competition Authority before any merger.<ref> Undertakings that are exempt from anti-competition measures which provide services to their subsidiaries or controlled companies must provide the same terms and other conditions to competitors.<ref> When exemption from anti-competition measures is done for purposes of public order, public safety, national defense, or telecommunications, businesses may not be able to produce their own services internally except if a government franchise is granted.<ref>Section 9(2)</ref>

	\|-		\|-
Line 116:		Line 116:
	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Section 2(2)(b) forbids use of dominant position to limit market access.		\| Section 2(2)(b) forbids use of dominant position to limit market access.

	\|-		\|-
Line 122:		Line 122:
	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it.		\| Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it.

	\|-		\|-
Line 128:		Line 128:
	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Sections 2(2)(a) and 3(1)(a) prohibit price setting.		\| Sections 2(2)(a) and 3(1)(a) prohibit price setting.

	\|-		\|-
Line 134:		Line 134:
	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions.		\| Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions.

	\|-		\|-
Line 140:		Line 140:
	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.		\| Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.

	\|-		\|-
Line 146:		Line 146:
	\| Obstacles to Entry		\| Obstacles to Entry
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access.		\| Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access.

	\|-		\|-
Line 158:		Line 158:
	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.		\| Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.

	\|-		\|-
Line 176:		Line 176:
	\| Output Restraint		\| Output Restraint
	\| 1		\| 1
	\| ~~Law no. 287 of 10 October 1990, Title I,~~ Sections 2(2)(b) and 3(1)(b) prohibit output restraint.		\| Sections 2(2)(b) and 3(1)(b) prohibit output restraint.

	\|-		\|-
Line 188:		Line 188:
	\| Eliminating Competitors		\| Eliminating Competitors
	\| 0		\| 0
	\| ~~Law no. 287 of 10 October 1990, Title I, Chapter I,~~ Section 6(1) requires that the Competition Authority consider whether a merger will result in the elimination of competition in general, but not existing competitors specifically. The Authority must consider market access, ease of market entry, and several other factors related to the structure of that market and the future of competition in that market.		\| Section 6(1) requires that the Competition Authority consider whether a merger will result in the elimination of competition in general, but not existing competitors specifically. The Authority must consider market access, ease of market entry, and several other factors related to the structure of that market and the future of competition in that market.

	\|-		\|-

LMyhre at 04:26, 3 July 2008

2008-07-03T04:26:21Z

← Older revision		Revision as of 04:26, 3 July 2008
Line 55:		Line 55:
	\| Merger Notification		\| Merger Notification
	\| Voluntary		\| Voluntary
	\| 1		\|
	\| The Competition Authority will not penalize the first entity of a secret cartel to come forward with information or evidence of the agreement, under either Italian or EU competition laws (Law no. 287, 1990, or Article 81 of the EU Treaty).<ref>AGCM Resolution no. 16472 of February 15th, 2007 - Resolution on the non-imposition and reduction of penalties by section 15 ter of law no. 287/90 - Notice (bulletin no. 6 of 26 February 2007). Available at http://www.agcm.it/eng/index.htm</ref>		\|

	\|-		\|-
Line 73:		Line 73:
	\|		\|
	\| Post-merger		\| Post-merger
	\| 1		\|
	\| ~~If a merger has already occurred but violates Law no. 287, the Competition Authority can require corrective action.<ref>Law no. 287 of 10 October 1990, Title II, Chapter III, Section 18(3)</ref>~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"
Line 98:		Line 98:
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| Undertakings which operate by law for the general economic interest, or in a state-authorized monopoly must still submit notification to, and receive approval from, the Competition Authority before any merger.<ref>Law no. 287 of 10 October 1990, Title I, Chapter I, Section 8(2-''ter'')</ref> An undertaking must form a separate company to conduct trade in a market not covered by its competition exemption.<ref>Law no. 287 of 10 October 1990, Title I, Chapter I, Section 8(2-''bis'')</ref> Undertakings that are exempt from anti-competition measures which provide services to their subsidiaries or controlled companies must provide the same terms and other conditions to competitors.<~~ref>Law no. 287 of 10 October 1990, Title I, Chapter I, Section 8(2-''quater'')</~~ref> When exemption from anti-competition measures is done for purposes of public order, public safety, national defense, or telecommunications, businesses may not be able to produce their own services internally except if a government franchise is granted.<ref>Law no. 287 of 10 October 1990, Title I, Chapter I, Section 9(2)</ref>		\| Undertakings which operate by law for the general economic interest, or in a state-authorized monopoly must still submit notification to, and receive approval from, the Competition Authority before any merger.<ref> Undertakings that are exempt from anti-competition measures which provide services to their subsidiaries or controlled companies must provide the same terms and other conditions to competitors.<ref> When exemption from anti-competition measures is done for purposes of public order, public safety, national defense, or telecommunications, businesses may not be able to produce their own services internally except if a government franchise is granted.<ref>Law no. 287 of 10 October 1990, Title I, Chapter I, Section 9(2)</ref>

	\|-		\|-

LMyhre at 04:23, 30 June 2008

2008-06-30T04:23:11Z

← Older revision		Revision as of 04:23, 30 June 2008
Line 1:		Line 1:
	'''Score = 23'''		'''Score = __'''

	''Governed by:''		''Governed by:''

	Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990).<ref>http://www.agcm.it/eng/index.htm</ref>		Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990).<ref>http://www.agcm.it/eng/index.htm</ref>

	~~Law no. 57 of March 5th, 2001 (Section 11) - Provisions governing the opening and regulation of markets (Official Gazzette no. 66 of 20 March 2001.<ref>http://www.agcm.it/eng/index.htm</ref>~~


Line 41:		Line 39:
	\| 1		\| 1
	\| Law no. 287 of 10 October 1990, Title II, Chapter II, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.		\| Law no. 287 of 10 October 1990, Title II, Chapter II, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.
	Law No. 57 of 5 March 2001, Section 11(3-''bis'') permits the Competition Authority to investigate complaints filed by third parties regarding abuses of economic dependence that may affect competition or a free market.

	\|-		\|-

LMyhre at 03:33, 30 June 2008

2008-06-30T03:33:35Z

← Older revision		Revision as of 03:33, 30 June 2008
Line 1:		Line 1:
	'''Score = '''		'''Score = 23'''

	''Governed by:''		''Governed by:''

LMyhre at 03:32, 30 June 2008

2008-06-30T03:32:39Z

← Older revision		Revision as of 03:32, 30 June 2008
Line 59:		Line 59:
	\| Voluntary		\| Voluntary
	\| 1		\| 1
	\| The Competition Authority will not penalize the first entity of a secret cartel to come forward with information or evidence of the agreement, under either Italian or EU competition laws (Law no. 287, 1990, or Article 81 of the EU Treaty).<ref>AGCM Resolution no. 16472 of February 15th, 2007 - Resolution on the non-imposition and reduction of penalties by section 15 ter of law no. 287/90 - Notice (bulletin no. 6 of 26 February 2007). Available at http://www.agcm.it/eng/index.htm .</ref>		\| The Competition Authority will not penalize the first entity of a secret cartel to come forward with information or evidence of the agreement, under either Italian or EU competition laws (Law no. 287, 1990, or Article 81 of the EU Treaty).<ref>AGCM Resolution no. 16472 of February 15th, 2007 - Resolution on the non-imposition and reduction of penalties by section 15 ter of law no. 287/90 - Notice (bulletin no. 6 of 26 February 2007). Available at http://www.agcm.it/eng/index.htm</ref>

	\|-		\|-

LMyhre at 03:31, 30 June 2008

2008-06-30T03:31:50Z

← Older revision		Revision as of 03:31, 30 June 2008
Line 88:		Line 88:
	\|		\|
	\| Restriction of Competition		\| Restriction of Competition
	\| 0		\| 1
	\|		\| Law no. 287 of 10 October 1990, Title I, Chapter I, Section 6(1) requires that the Competition Authority consider whether a merger will result in the restriction of competition, when deciding whether to approve the merger.

	\|-		\|-
Line 191:		Line 191:
	\| Eliminating Competitors		\| Eliminating Competitors
	\| 0		\| 0
	\|		\| Law no. 287 of 10 October 1990, Title I, Chapter I, Section 6(1) requires that the Competition Authority consider whether a merger will result in the elimination of competition in general, but not existing competitors specifically. The Authority must consider market access, ease of market entry, and several other factors related to the structure of that market and the future of competition in that market.

	\|-		\|-