Italy (October 10, 1990): Difference between revisions
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| Fines | | Fines | ||
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| Chapter III, Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Authority. | | Title II, Chapter III, Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Authority. | ||
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| Divestitures | | Divestitures | ||
| 1 | | 1 | ||
| Chapter III, Section 18(3) permits the Authority to require corrective measures that will restore effective competition. | | Title II, Chapter III, Section 18(3) permits the Authority to require corrective measures that will restore effective competition. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
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| 3rd Party Initiation | | 3rd Party Initiation | ||
| 1 | | 1 | ||
| Section 12(1) allows any interested party to bring infringements to the attention of the Authority. | | Title II, Chapter II, Section 12(1) allows any interested party to bring infringements to the attention of the Authority. | ||
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| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| 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. | | 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. | ||
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Revision as of 16:36, 28 June 2008
Score =
Governed by: Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Title IV, Section 25(2) implies that scope extends to foreign corporations. |
| Remedies | Fines | 1 | Title II, Chapter III, Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Authority. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Title II, Chapter III, Section 18(3) permits the Authority to require corrective measures that will restore effective competition. | |
| Private Enforcement | 3rd Party Initiation | 1 | Title II, Chapter II, Section 12(1) allows any interested party to bring infringements to the attention of the Authority. |
| Remedies Available to 3rd Parties | |||
| 3rd Party Rights in Proceedings | |||
| Merger Notification | Voluntary | ||
| Mandatory | 3 | 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. | |
| Pre-merger | |||
| Post-merger | |||
| Merger Assessment | Dominance | ||
| Restriction of Competition | |||
| Public Interest (Pro D) | |||
| Public Interest (Pro Authority) | |||
| Other | |||
| Efficiency | |||
| Dominance | Limits Access | 1 | Title I, Section 2(2)(b) forbids use of dominant position to limit market access. |
| Abusive Acts | 1 | Title I, Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it. | |
| Price Setting | 1 | Title I, Sections 2(2)(a) and 3(1)(a) prohibit price setting. | |
| Discriminatory Pricing | 1 | Title I, Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions. | |
| Resale Price Maintenance | 1 | Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices. | |
| Obstacles to Entry | 1 | Title I, Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access. | |
| Efficiency Defense | |||
| Restrictive Trade Practices | Price Fixing | 1 | Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices. |
| Tying | |||
| Market Division | |||
| Output Restraint | 1 | Title I, Sections 2(2)(b) and 3(1)(b) prohibit output restraint. | |
| Market Sharing | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | |||
| Supply Refusal | |||
| Efficiency Defense |