Italy (October 10, 1990)

Score = __

Governed by:

Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Section 25(2) implies that scope extends to foreign corporations.
Remedies	Fines	1	Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Competition Authority.
	Prison Sentences	0
	Divestitures	1	Section 18(3) permits the Competition Authority to require corrective measures that will restore effective competition.
Private Enforcement	3rd Party Initiation	1	Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.
	Remedies Available to 3rd Parties	0
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary
	Mandatory	3	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	2	Section 16(1) requires notification prior to merger, if the value of the merging undertakings, or their combined value, exceeds set levels that are adjusted annually for inflation.
	Post-merger
Merger Assessment	Dominance	1	Market dominance is considered before mergers are approved. If a merger will result in market dominance, it may not be approved, or the Competition Authority may require measures designed to prevent the merger from abusing its dominant position.
	Restriction of Competition	1	Section 6(1) requires that the Competition Authority consider whether a merger will result in the restriction of competition, when deciding whether to approve the merger.
	Public Interest (Pro D)	1	Section 8(2) states that undertakings which operate by law for the general economic interest, or in a state-authorized monopoly, are exempt from the anti-competition measures of this law, but only if that is necessary for the provision of those services.
	Public Interest (Pro Authority)	1	Undertakings which operate by law for the general economic interest, or in a state-authorized monopoly must still submit notification to, and receive approval from, the Competition Authority before any merger.
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Section 2(2)(b) forbids use of dominant position to limit market access.
	Abusive Acts	1	Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it.
	Price Setting	1	Sections 2(2)(a) and 3(1)(a) prohibit price setting.
	Discriminatory Pricing	1	Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions.
	Resale Price Maintenance	1	Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.
	Obstacles to Entry	1	Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.
	Tying	0
	Market Division	0
	Output Restraint	1	Sections 2(2)(b) and 3(1)(b) prohibit output restraint.
	Market Sharing	0
	Eliminating Competitors	0	Section 6(1) requires that the Competition Authority consider whether a merger will result in the elimination of competition in general, but not existing competitors specifically. The Authority must consider market access, ease of market entry, and several other factors related to the structure of that market and the future of competition in that market.
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	0
	Efficiency Defense	0