Italy (October 10, 1990): Difference between revisions
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New page: '''Score = 28''' ''Governed by:'' Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition Act”). <ref>Competition Law in the EU, at 735-749.</ref> {| class="wikitabl... |
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'''Score = | '''Score = 27''' | ||
''Governed by:'' Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition Act”). | ''Governed by:'' Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition Act”). | ||
Revision as of 12:39, 12 October 2007
Score = 27
Governed by: Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Scope extends to foreign corporations.[2] |
| Remedies | Fines | 1 | Articles 13 and 19 allow for fines for serious violations of the Competition Act. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of Council Regulation No 1/2003 allows for structural remedies | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 12 says that any interested party can bring a violation to the attention of the Authority. |
| Remedies Available to 3rd Parties | 1 | Article 33 allows 3rd parties to file a civil suit for damages. | |
| 3rd Party Rights in Proceedings | 1 | Article 27(3) of Council Regulation No 1/2003 affords evidentiary rights to 3rd parties | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 7(1) of CR 139/2004 requires notification.[3] | |
| Pre-merger | 2 | Article 7(1) of 139/2004 requires pre-clearance | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 2(1) of CR 139/2004 considers dominance |
| Restriction of Competition | 1 | Article 2(1)(a) of CR 139/2004 considers effect on competition in the market | |
| Public Interest (Pro D) | 1 | Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress | |
| Public Interest (Pro Authority) | 1 | Article 2(1)(b) of CR 139/2004 considers the interests of intermediate and ultimate consumers | |
| Other | 0 | ||
| Efficiency | 1 | Article 2(4) of CR 139/2004 allows an efficiency defense | |
| Dominance | Limits Access | 1 | Article 82(b) prohibits limiting access |
| Abusive Acts | 1 | Article 82 prohibits abuse of a dominant position | |
| Price Setting | 1 | Article 82(a) prohibits price setting | |
| Discriminatory Pricing | 1 | Articles 81(1)(d), 82(c) prohibit discriminatory conditions | |
| Resale Price Maintenance | 1 | Article 81 prohibits minimum resale price restrictions.[4] | |
| Obstacles to Entry | 1 | Article 82 prohibits anti-competitive pricing schemes.[5] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) prohibits price fixing |
| Tying | 1 | Articles 81(1)(e), 82(d) prohibit tying | |
| Market Division | 1 | Article 81 prohibits customer allocation clauses.[6] | |
| Output Restraint | 1 | Article 81(1)(b) prohibits limiting production | |
| Market Sharing | 1 | Article 81(1)(c) prohibits market sharing | |
| Eliminating Competitors | 1 | Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 prohibits bid-rigging | |
| Supply Refusal | 1 | Article 81(1)(b) prohibits supply refusal | |
| Efficiency Defense | 1 | Article 81(3) allows an efficiency defense |
References
- ↑ Competition Law in the EU, at 735-749.
- ↑ Goyder, D. G., EC Competition Law, 4th ed. 2003 at 99.
- ↑ The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded as requiring mandatory pre-merger notification.
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.