Italy (October 10, 1990): Difference between revisions

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| Extraterritoriality
| Extraterritoriality
| 1
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003 at 99.</ref>
| Scope extends to foreign corporations.<ref></ref>


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| Articles 13 and 19 allow for fines for serious violations of the Competition Act.
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| Prison Sentences
| Prison Sentences
| 0
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| Divestitures
| Divestitures
| 1
| 1
| Article 7 of Council Regulation No 1/2003 allows for structural remedies
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|- class="categorydivision"
|- class="categorydivision"
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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| Article 12 says that any interested party can bring a violation to the attention of the Authority.
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| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 1
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| Article 33 allows 3rd parties to file a civil suit for damages.
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|-
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| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
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| Article 27(3) of Council Regulation No 1/2003 affords evidentiary rights to 3rd parties
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|- class="categorydivision"
|- class="categorydivision"
| Merger Notification
| Merger Notification
| Voluntary
| Voluntary
| 0
|  
|  
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| Mandatory
| Mandatory
| 3
| 3
| Article 7(1) of CR 139/2004 requires notification.<ref>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.</ref>
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| Pre-merger
| Pre-merger
| 2
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| Article 7(1) of 139/2004 requires pre-clearance
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| Post-merger
| Post-merger
| 0
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 1
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| Article 2(1) of CR 139/2004 considers dominance
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|-
|-
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| Restriction of Competition
| Restriction of Competition
| 1
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| Article 2(1)(a) of CR 139/2004 considers effect on competition in the market
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|-
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| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
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| Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress
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|-
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| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
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| Article 2(1)(b) of CR 139/2004 considers the interests of intermediate and ultimate consumers
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| Other
| Other
| 0
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| Efficiency
| Efficiency
| 1
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| Article 2(4) of CR 139/2004 allows an efficiency defense
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|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance
| Limits Access
| Limits Access
| 1
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| Article 82(b) prohibits limiting access
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|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 prohibits abuse of a dominant position
| _____ prohibits abuse of a dominant position


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| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) prohibits price setting
| Section 12(2)(a) prohibits price setting


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| Discriminatory Pricing
| Discriminatory Pricing
| 1
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| Articles 81(1)(d), 82(c) prohibit discriminatory conditions
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|-
|-
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| Resale Price Maintenance
| Resale Price Maintenance
| 1
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| Article 81 prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>
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|-
|-
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| Obstacles to Entry
| Obstacles to Entry
| 1
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| Article 82 prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>
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|-
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| Efficiency Defense
| Efficiency Defense
| 0
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 1
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| Article 81(1)(a) prohibits price fixing
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|-
|-
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| Tying
| Tying
| 1
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| Articles 81(1)(e), 82(d) prohibit tying
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| Market Division
| Market Division
| 1
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| Article 81 prohibits customer allocation clauses.<ref>Id, at 97.</ref>
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|-
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| Output Restraint
| Output Restraint
| 1
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| Article 81(1)(b) prohibits limiting production
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|-
|-
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| Market Sharing
| Market Sharing
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| Article 81(1)(c) prohibits market sharing
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|-
|-
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| Eliminating Competitors
| Eliminating Competitors
| 1
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| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition
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|-
|-
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
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| Article 81 prohibits bid-rigging
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|-
|-
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| Supply Refusal
| Supply Refusal
| 1
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| Article 81(1)(b) prohibits supply refusal
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|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
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| Article 81(3) allows an efficiency defense
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|}
|}

Revision as of 20:56, 27 June 2008

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.Cite error: Invalid <ref> tag; refs with no name must have content
Remedies Fines 1
Prison Sentences
Divestitures 1
Private Enforcement 3rd Party Initiation 1
Remedies Available to 3rd Parties
3rd Party Rights in Proceedings
Merger Notification Voluntary
Mandatory 3
Pre-merger
Post-merger
Merger Assessment Dominance
Restriction of Competition
Public Interest (Pro D)
Public Interest (Pro Authority)
Other
Efficiency
Dominance Limits Access
Abusive Acts 1 _____ prohibits abuse of a dominant position
Price Setting 1 Section 12(2)(a) prohibits price setting
Discriminatory Pricing
Resale Price Maintenance
Obstacles to Entry
Efficiency Defense
Restrictive Trade Practices Price Fixing
Tying
Market Division
Output Restraint
Market Sharing
Eliminating Competitors
Collusive Tendering/Bid-Rigging
Supply Refusal
Efficiency Defense

References

  1. ↑ Competition Law in the EU, at 735-749.
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