Marco D’Ostuni’s practice focuses on competition law and on regulation in the energy, telecommunications, and media sectors.
He has represented clients in some of the leading EU and Italian competition law cases, often in heavily regulated sectors. He is widely published on antitrust matters and lectures at conferences and universities.
After two years at a major international competition law firm in Brussels, Marco joined the firm in 2000 in the New York office. In June 2001, he transferred to the Rome office, where he is now based. He became a partner in 2009.
Selected Activities
- Former Intern, European Court of Justice
Publications
“Italy,” Technology Disputes 2024, Lexology Panoramic, March 6, 2024
“Italy Adopts a New Energy Decree to Boost Energy Security and Renewable Energy,” March 1, 2024 (co-author)
“The Fourth Gas Package: New Unbundling Rules for Hydrogen,” July 6, 2023 (co-author)
“Italy,” The Public Competition Enforcement Review, 15th Edition, April 20, 2023.
“Le Comunicazioni in Ambito Comunitario: Obiettivi e Interpreti: Evoluzione del Contesto Normativo di Riferimento,” “I Mercati Media: L’analisi dei Mezzi di Comunicazione: Il Settore Audiovisivo e L’editoria,” Trattato delle Garanzie nelle Comunicazioni, Giuffrè Francis Lefebvre, 2023.
“Italian Competition Law Reform,” Cleary Gottlieb Alert Memorandum, August 16, 2022 (co-author)
“Italy Adopts New Transparency Rules for Health Care Providers (Sunshine Act),” Cleary Gottlieb Alert Memorandum, July 13, 2022 (co-author)
“Italy,” The Public Competition Enforcement Review, 14th Edition, April 13, 2022.
“Italy,” Technology Disputes 2022, Lexology Getting The Deal Through, March 24, 2022.
“Italy,” The Technology, Media and Telecommunications Review, 12th Edition, January 11, 2022.
“ECN+ Directive Transposed Into Italian Law,” Cleary Gottlieb Alert Memorandum, December 7, 2021 (co-author)
“Italy,” The Public Competition Enforcement Review, 13th Edition, April 30, 2021.
“Effective Pricing in Spectrum Auction Design: Optimal Auctions out of Thin Air,” Regulating for Globalization, Wolters Kluwer, April 12, 2021.
“Restraints of Trade and Dominance in Italy: Overview,” Thomson Reuters Practical Law, April 12, 2021.
“Italy,” The Technology, Media and Telecommunications Review, 11th Edition, February 5, 2021.
“Italy,” The Renewable Energy Law Review, 3rd Edition, September 9, 2020.
“European Court Raises the EC’s Bar for Mergers in Concentrated Markets,” Cleary Gottlieb Alert Memorandum, July 6, 2020 (co-author).
“Key Considerations for the Telecoms Industry,” Cleary Gottlieb Alert Memorandum, June 11, 2020 (co-author).
“Italy,” The Public Competition Enforcement Review, Edition 12, June 2020 (co-author).
“Restraints of Trade and Dominance in Italy: Overview,” Thomson Reuters Practical Law, March 30, 2020.
“EU Overview,” The Technology, Media and Telecommunications Review, 10th Edition, December 2019 (Gianluca Faella and Manuela Becchimanzi, co-authors).
“Competition and 5G Spectrum Auctions: Chronicles from the Battlefield,” Regulating for Globalization, Wolters Kluwer, December 2, 2019.
“EU Overview,” The Technology, Media and Telecommunications Review, 9th Edition, November 2019 (Gianluca Faella and Manuela Becchimanzi, co-authors).
“Italy,” The Renewable Energy Law Review, 2nd Edition, September 6, 2019.
“Italy,” The Public Competition Enforcement Review, 11th Edition, May 30, 2019.
“Italy,” The Technology, Media and Telecommunications Review, 9th Edition, January 14, 2019.
“A Warning for Data Hoarders: The Case of Electronic Invoicing,” Regulating for Globalization, December 19, 2018.
Quoted in “Italian Watchdog Warns on Electronic Invoicing,” Global Data Review, November 21, 2018.
“Italy,” The Renewable Energy Law Review, 1st Edition, October 2, 2018.
“Discrimination: The MEO Economic Approach,” August 6, 2018.
“Italy,” The Public Competition Enforcement Review, 10th Edition, May 25, 2018.
“Geo-blocking and Discrimination in European E-commerce: Another Brick Off The Wall,” Regulating for Globalization, Wolters Kluwer, May 2018.
“Abuse of dominance and exclusive deals: Qualcomm’s chipsets are down,” Regulating for Globalization, Wolters Kluwer, February 2018.
“Excessive pricing and copyright industry: still blurred lines?,” Regulating for Globalization, Wolters Kluwer, December 2017.
“Italy,” The Technology, Media and Telecommunications Review, eighth edition, December 2017 (Marco Zotta and Manuela Becchimanzi, co-authors).
“EU Overview,” The Technology, Media and Telecommunications Review, eighth edition, December 2017 (Gianluca Faella and Manuela Becchimanzi, co-authors).
“Access to Facilities in the Telecommunications Sector: An Overview of EU and National Case Law,” Competition Case Law Digest, September 2017.
“Il Sistema del controllo delle concentrazioni in Italia, ” G. Giappichelli Editore, July 2017 (M. Beretta co-author).
“Facebook v Business Competence S.r.l.,” Leading Internet Case Law, May 2017.
“Italy,” The Energy Regulation and Markets Review, fifth edition, September 2016 (Luciana Bellia and Giuliana D’Andrea, co-authors).
“Italy,” The Public Competition Enforcement Review (2009-2018).
“Italy,” The International Comparative Legal Guide to Cartels & Leniency (Global Legal Group, 2008-2013).
“Italy,” Getting the Deal Through – Private Antitrust Litigation (Law Business Research, 2003-2018).
Events
February 15, 2023
News and Open Fronts of Concorrenza Law: Sub-Threshold Concentrations and Abuse of Economic Dependence of Platforms
June 10, 2022
What Perspectives for Competition Law in Italy?
July 8, 2021
Telemedicine: Market Developments, Challenges, and Opportunities
July, 1, 2020
Implications of the Three/O2 Judgment for EU Merger Control
September 27, 2019
Lecture at LUISS School of Law
June 6, 2019
Lecture at Trento Summer School 2019 on Advanced Eu Competition Law & Economics
May 23-24, 2019
Speech at the Italian Antitrust Association’s V Italian Conference in Florence – Main Developments in European and Italian Competition Law, “Private enforcement in Italy and in Europe”
May 21, 2019
WU Transfer Pricing Workshop
May 10, 2019
Lecture at “Università degli Studi Di Napoli - Federico II”
April 12, 2019
2019 Trento Antitrust Conference
February 21-24, 2019
Judge at the European Law Moot Court Regional Final in Florence
October 24, 2018
Cartel Follow-On Damages Claims Seminar: Recent Experiences in Cross-Border Cases
September 28, 2018
Lecture at LUISS School of Law
September 18, 2018
AAI (Associazione Antitrust Italiana) conference in Milan
July 11, 2018
Speech at Autorità Garante della Concorrenza e del Mercato (representing the IAA)
June 20, 2018
Speech at Trento Summer School On Advanced Eu Competition Law & Economics
June 15, 2018
Speech at “Università degli Studi di Napoli - Federico II”
March 16, 2018
Lecture at LUISS School of Law Conference on Private Antitrust Enforcement
June 23, 2017
Lecture at Università degli Studi Di Napoli - Federico II on abuse of dominance
June 21, 2017
Lecture at Trento Summer School on Advanced EU Competition Law & Economics on abuse of dominance
April 05, 2017
Speech at Italian Antitrust Association’s Competition Talk Conference 2017 on excessive pricing
February 16-19, 2017
Judge at the European Law Moot Court Regional Final in Naples