Pietro Merlino’s practice encompasses most aspects of European Union and Italian competition law, including abuse of dominance, merger control, restrictive practices, cartel investigations, licensing and distribution, and intellectual property.
He appears frequently before the EU courts of law and Italian civil and administrative courts, as well as before the European Commission and the Italian Antitrust Authority (IAA). Pietro regularly lectures at conferences and is widely published in legal journals.
Pietro joined the firm in 1999 and became counsel in 2009. He worked in the Brussels office from July 2001 through July 2003. Prior to joining the firm, Pietro worked at the law firm of Professor Antonio Tizzano, currently a judge and the Vice-President of the Court of Justice of the European Union in Luxembourg.
Edison before both the EU General Court and the Court of Justice in the reversal of a €58 million fine concerning a cartel in the hydrogen peroxide and persalts markets, in which Edison’s former subsidiary Ausimont was allegedly involved.
Eni: (i) in obtaining the Commission’s approval of certain commitments, ending abuse of dominance proceedings concerning the management and operation of a number of international natural gas pipelines, without a finding of infringement; (ii) in the Administrative Tribunal of Lazio’s annulment of an IAA’s abuse of dominance decision fining Eni for allegedly denying access to Italy’s natural gas transportation grid; and (iii) in winning an appeal before the Italian supreme administrative court regarding an alleged exclusionary abuse, which led to a 93 percent reduction of the largest antitrust fine ever issued in Italy.
Concrete producer Xella International in an appeal before the Administrative Tribunal of Lazio, which resulted in the annulment of fines and structural remedies imposed by the IAA over Xella’s alleged participation in an anticompetitive scheme (the first degree judgment was mostly recently upheld by the Council of State).
Merck & Co. in a two-year investigation before the IAA concerning an alleged abuse of dominance, closed with the approval of the commitments submitted by Merck & Co.
Merger control aspects of various M&A transactions, including AEM’s acquisition of joint control over Edison and the merger between Banca Lombarda e Piemontese and Banche Popolari Unite (which led to the creation of Italy’s fourth-largest banking network).
Lectures on competition law issues at various academic institutions, including the University of Rome “La Sapienza” and Roma Tre University.
Chapter on “Antitrust Assessment of Co-marketing Agreements: a Diverging Approach between EU and Italy?” in Competition and Patent Law in the Pharmaceutical Sector. An International Perspective, G. Pitruzzella and G. Muscolo (eds.), Kluwer Law International, 2016.
- “Edison: A Glimpse of Hope for Parent Companies Seeking to Rebut the Parental Liability Presumption?” Journal of European Competition Law & Practice, 2014 (Vol.5, Issue 7).
- “Strategic Underinvestment as an Abuse of Dominance under EU Competition Rules” (co-author), World Competition, 2013 (Issue 4).
- “The Duty to Invest in the Development of Infrastructures: Some Considerations on Two Parallel Stories,” Mercato Concorrenza Regole, 2012 (Issue 2).
May 25, 2018
November 09, 2017
May 26, 2017
May 24, 2016
November 27, 2014
October 26, 2013
December 17, 2011
April 21, 2011