The EU, Antitrust and Regulation department advises its clients on contentious and non-contentious matters involving domestic and European Union regulators in the civil and administrative courts, and also in connection with arbitral procedures. The department advises Italian and non-Italian companies and groups from a range of sectors, including in particular, energy, pharmaceuticals, food, media and telecommunications, consumer goods, banking and finance.
Within the fields of Community law and competition law, the department advises its clients on procedures regarding anti-competitive agreements and/or abuse of a dominant position, concentration notifications, State aid, and investigations into unfair commercial practices. Additionally, the Department provides advice on setting up and implementing competition compliance programmes, the application of the new rules on commercial relationships in connection with sales of agricultural and agrifood products, and interim rulings on unfair contractual terms, which are matters within the jurisdiction of the national competition regulator, the AGCM.
The EU, Antitrust and Regulation group works closely and constantly with the Administrative Law and Dispute Resolution departments, advising clients on cases in a variety of tribunals, from the civil and administrative courts, and on arbitral procedures. Legance also has a compelling network of advisors in different jurisdictions outside Italy, with whom it collaborates to ensure its clients can obtain global service on any matter, in particular in the field of competition law.
The specialist advice that the department provides to its clients covers the whole spectrum of EU, Antitrust and Regulation, including in particular:
advice in connection with preparatory investigations on illegal agreements and abuses of dominant positions, before the European Commission and the national competition regulator, the AGCM
advice on participation in leniency programmes before the European Commission and the AGCM
notification of concentrations at a national and EU level, and coordination of transactions requiring notices in multiple jurisdictions
advice on the preparation of complaints regarding breaches of competition rules, arising out of the conduct of competitors or national legislation that fails to comply with EU principles or legislation
preparation of competition compliance programmes
advice on the drafting of distribution agreements
advice on State aid matters
advice on proceedings for unfair commercial practices at the AGCM
advice on the preparation of complaints alleging breaches of the general principles of EU law (such as free circulation of goods), to the European Commission
advice on proceedings before the European Union's General Courts and the European Court of Justice
advice on litigation before national civil and administrative courts
advice on the application of the new rules on commercial relationships and sales of agricultural and agrifood products
advice on the application of the new rules on unfair contractual terms, which come under the AGCM's remit
advice on proceedings before the telecommunications and media regulator, AGCOM
regular advice on regulatory matters, to both the telecommunications sector and the media
negotiation of contracts to assist with the implementation of sophisticated networks, and the supply of B2C, B2B, and M2M services
advice on the implementation of new kinds of fixed and mobile network platforms (e.g. e-payment, e-gaming, mobile payment, mobile banking, and mobile TV)