Italy (October 10, 1990)
Score =
Governed by:
Law no. 287 of 10 October 1990: Competition and Fair Trading Act.[1]
Law No. 57 of 5 March 2001, Section 11: Abuse of Economic Dependence and Competition.[2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Law no. 287 of 10 October 1990, Title IV, Section 25(2) implies that scope extends to foreign corporations. |
| Remedies | Fines | 1 | Law no. 287 of 10 October 1990, Title II, Chapter III, Section 19 imposes fines for violations of the Act, or for failure to comply with violation remedies ordered by the Authority. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Law no. 287 of 10 October 1990, Title II, Chapter III, Section 18(3) permits the Authority to require corrective measures that will restore effective competition. | |
| Private Enforcement | 3rd Party Initiation | 1 | Law no. 287 of 10 October 1990, Title II, Chapter II, Section 12(1) allows any interested party to bring infringements to the attention of the Authority. |
| Remedies Available to 3rd Parties | |||
| 3rd Party Rights in Proceedings | |||
| Merger Notification | Voluntary | ||
| Mandatory | 3 | Law no. 287 of 10 October 1990, Title II, Chapter III, 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 | |||
| Post-merger | |||
| Merger Assessment | Dominance | ||
| Restriction of Competition | |||
| Public Interest (Pro D) | |||
| Public Interest (Pro Authority) | |||
| Other | |||
| Efficiency | |||
| Dominance | Limits Access | 1 | Law no. 287 of 10 October 1990, Title I, Section 2(2)(b) forbids use of dominant position to limit market access. |
| Abusive Acts | 1 | Law no. 287 of 10 October 1990, Title I, Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it. | |
| Price Setting | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(a) and 3(1)(a) prohibit price setting. | |
| Discriminatory Pricing | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions. | |
| Resale Price Maintenance | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices. | |
| Obstacles to Entry | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access. | |
| Efficiency Defense | |||
| Restrictive Trade Practices | Price Fixing | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices. |
| Tying | |||
| Market Division | |||
| Output Restraint | 1 | Law no. 287 of 10 October 1990, Title I, Sections 2(2)(b) and 3(1)(b) prohibit output restraint. | |
| Market Sharing | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | |||
| Supply Refusal | |||
| Efficiency Defense |