Italy (October 10, 1990)

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Governed by: Law no. 287 of 10 October 1990 (hereinafter referred to as “Competition and Fair Trading Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Title IV, Section 25(2) implies that scope extends to foreign corporations.
Remedies Fines 1 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 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 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 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 Title I, Section 2(2)(b) forbids use of dominant position to limit market access.
Abusive Acts 1 Title I, Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it.
Price Setting 1 Title I, Sections 2(2)(a) and 3(1)(a) prohibit price setting.
Discriminatory Pricing 1 Title I, Sections 2(2)(d) and 3(1)(c) forbid applying dissimilar conditions for equivalent transactions.
Resale Price Maintenance 1 Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.
Obstacles to Entry 1 Title I, Sections 2(2)(b) and 3(1)(b) prohibit obstacles to market access.
Efficiency Defense
Restrictive Trade Practices Price Fixing 1 Title I, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.
Tying
Market Division
Output Restraint 1 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

References