Italy (October 10, 1990): Difference between revisions

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''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

  1. Competition Law in the EU, at 735-749.
  2. Goyder, D. G., EC Competition Law, 4th ed. 2003 at 99.
  3. 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.
  4. EC Competition Law, at 97.
  5. Id, at 283.
  6. Id, at 97.