The Dominance and Monopolies Review, 4th Edition: Italy Chapter
June 6, 2016
Cleary Gottlieb partner Matteo Beretta and associate Gianluca Faella contributed the Italy chapter to The Dominance and Monopolies Review, 4th Edition.
“Abuse of dominance within the Italian market, or in a substantial part of it, is prohibited by Article 3 of Law 10 October 1990, No. 287 (the Competition Act), which closely resembles Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 3 does not provide a definition of abuse but lists examples of abusive conduct.
In principle, Italian competition rules apply only to practices that do not affect intra-EU trade. As the Italian Competition Authority (ICA) and the Italian courts tend to interpret broadly the notion of effect on intra-EU trade, in most cases they apply EU rules. However, the choice of the applicable rules does not materially affect the outcome of a case, given that, pursuant to Article 1(4) of the Competition Act, Article 3 must be interpreted in accordance with well-established EU principles.”