Italy/EU, 2005
Score = 27
Governed by: Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003 [hereafter "CR 1/2003"], as well as national legislation.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Scope extends to foreign corporations.[2] |
| Remedies | Fines | 1 | Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of CR 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. Under Italian law, Presidential Decree no. 217/98, Section 7(1)(b) permits participation by 3rd parties representing public or private interests, and associations representing consumers that might be directly, immediately and presently damaged by the violations under investigation or by any measures adopted as a result of it. Section 7(2) of 217/98 states that these 3rd parties may produce written submission, documents, arguments and opinions, and also have access to documents, in accordance with Section 13 of the decree (which covers confidentiality). | |
| 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) of CR 139/2004 considers the interests of intermediate and ultimate consumers. | |
| Public Interest (Pro D) | 1 | Article 2(1) of CR 139/2004 considers the development of technical and economic progress. | |
| Public Interest (Pro Authority) | 1 | Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers. | |
| Other | 0 | ||
| Efficiency | 1 | Article 2(1) of CR 139/2004 allows an efficiency defense. | |
| Dominance | Limits Access | 1 | Article 82(b) prohibits abuse of a dominant position. |
| 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 discrimatory 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 | Articles 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
- ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- ↑ 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 here as requiring mandatory pre-merger notification.
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.