Italy (October 10, 1990): Difference between revisions
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| Line 12: | Line 12: | ||
| Extraterritoriality | | Extraterritoriality | ||
| 1 | | 1 | ||
| Title IV, Section 25(2) implies that scope extends to foreign corporations. | | Law no. 287 of 10 October 1990, Title IV, Section 25(2) implies that scope extends to foreign corporations. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 18: | Line 18: | ||
| Fines | | Fines | ||
| 1 | | 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. | | 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 Authority. | ||
|- | |- | ||
| Line 30: | Line 30: | ||
| Divestitures | | Divestitures | ||
| 1 | | 1 | ||
| Title II, Chapter III, Section 18(3) permits the Authority to require corrective measures that will restore effective competition. | | Law no. 287 of 10 October 1990, Title II, Chapter III, Section 18(3) permits the Authority to require corrective measures that will restore effective competition. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 36: | Line 36: | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| 1 | | 1 | ||
| Title II, Chapter II, Section 12(1) allows any interested party to bring infringements to the attention of the 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 Authority. | ||
|- | |- | ||
| Line 60: | Line 60: | ||
| Mandatory | | Mandatory | ||
| 3 | | 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. | | 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. | ||
|- | |- | ||
| Line 114: | Line 114: | ||
| Limits Access | | Limits Access | ||
| 1 | | 1 | ||
| Title I, Section 2(2)(b) forbids use of dominant position to limit market access. | | Law no. 287 of 10 October 1990, Title I, Section 2(2)(b) forbids use of dominant position to limit market access. | ||
|- | |- | ||
| Line 120: | Line 120: | ||
| Abusive Acts | | Abusive Acts | ||
| 1 | | 1 | ||
| Title I, Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it. | | 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. | ||
|- | |- | ||
| Line 126: | Line 126: | ||
| Price Setting | | Price Setting | ||
| 1 | | 1 | ||
| Title I, Sections 2(2)(a) and 3(1)(a) prohibit price setting. | | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(a) and 3(1)(a) prohibit price setting. | ||
|- | |- | ||
| Line 132: | Line 132: | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| 1 | | 1 | ||
| Title I, Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions. | | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions. | ||
|- | |- | ||
| Line 138: | Line 138: | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| 1 | | 1 | ||
| Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices. | | 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. | ||
|- | |- | ||
| Line 144: | Line 144: | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| 1 | | 1 | ||
| Title I, Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access. | | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access. | ||
|- | |- | ||
| Line 156: | Line 156: | ||
| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices. | | 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. | ||
|- | |- | ||
| Line 174: | Line 174: | ||
| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| Title I, Sections 2(2)(b) and 3(1)(b) prohibit output restraint. | | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(b) and 3(1)(b) prohibit output restraint. | ||
|- | |- | ||
Revision as of 02:24, 29 June 2008
Score =
Governed by: Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition and Fair Trading Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Law no. 287 of 10 October 1990, Title IV, Section 25(2) implies that scope extends to foreign corporations. |
| Remedies | Fines | 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 Authority. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Law no. 287 of 10 October 1990, 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 | 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 Authority. |
| Remedies Available to 3rd Parties | |||
| 3rd Party Rights in Proceedings | |||
| Merger Notification | Voluntary | ||
| Mandatory | 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. | |
| Pre-merger | |||
| Post-merger | |||
| Merger Assessment | Dominance | ||
| Restriction of Competition | |||
| Public Interest (Pro D) | |||
| Public Interest (Pro Authority) | |||
| Other | |||
| Efficiency | |||
| Dominance | Limits Access | 1 | Law no. 287 of 10 October 1990, Title I, Section 2(2)(b) forbids use of dominant position to limit market access. |
| Abusive Acts | 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. | |
| Price Setting | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(a) and 3(1)(a) prohibit price setting. | |
| Discriminatory Pricing | 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. | |
| Resale Price Maintenance | 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. | |
| Obstacles to Entry | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access. | |
| Efficiency Defense | |||
| Restrictive Trade Practices | Price Fixing | 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. |
| Tying | |||
| Market Division | |||
| Output Restraint | 1 | Law no. 287 of 10 October 1990, 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 |