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EU, Antitrust and Regulation

A customised client-oriented approach.

Our EU, Antitrust and Regulation team assists Italian and foreign companies in a wide range of industries, including telecommunications, energy, life sciences, tech and digital economy, transportation, food, banking, financial services and circular economy, providing clear, strategic and pragmatic advice across all areas of antitrust law.

Our market-leading expertise in mergers (at both EU and national level) enables us to identify a transaction structure best suited to achieving the buyer’s and seller’s objectives, as well as to advise on complex notification processes before the EU Commission and the Italian Competition Authority (AGCM).

With our extensive experience in the field of investigations, we successfully assist clients in investigations before the AGCM in relation to cartels and abuse of dominance.

In the area of unfair commercial practices and advertising, our team supports clients in investigations before the AGCM, civil disputes and disputes before the Italian Advertising Self-Regulation Institute (IAP), as well as in relation to the review of advertising, claims and any aspect of commercial and marketing policy that may impact consumers.

Our expertise also extends to the field of distribution agreements, where we offer multidisciplinary advice covering civil, antitrust and intellectual property law.

We also work to design and implement antitrust compliance programmes for clients ensuring they are aligned with the company’s other compliance needs (anti-corruption, privacy, etc.).

Our team also works closely with the Dispute Resolution Department of the Firm to assist clients in complex stand-alone and follow-on civil litigation.

Our multidisciplinary expertise also enables us to provide seamless and integrated legal advice on various regulatory matters in the energy, transport and telecommunications sectors.


HIGHLIGHTS:

Mergers

  • Assistance to a leading gas distribution company in the acquisition of its closest competitor. The transaction was authorised by the ICA in Phase 2, with relatively limited structural and behavioural remedies, given the nature of the transaction, as well as unconditional approval by the European Commission and the Presidency of the Council pursuant, respectively, to the FSR regulation and the golden power legislation;
  • assistance to a leading operator in the automotive sector regarding merger control and golden power aspects related to its entry into the Italian market for electric vehicle charging infrastructure through a shareholding in a national player;
  • assistance in the merger of one of the main oil companies operating in Italy with a competitor. The transaction was authorised by the ICA in Phase 2 with behavioural remedies and without any divestments;
  • assistance to a company leader in the e-money and payment services sectors in numerous mergers at European and national level, such as (i) the merger with its main competitor, authorised by the ICA in Phase 2 with behavioural remedies in only three markets and structural commitments in one market, as well as Phase 1 approval in other EU jurisdictions; (ii) the acquisition of a significant competitor group at EU level, approved by the European Commission without commitments; and (iii) the acquisition of various merchant acquiring businesses of leading Italian and foreign banks, all authorised unconditionally;
  • assistance to a leading banking institution in the acquisition, through a public tender offer, of a leading listed company in the asset management sector. The transaction was approved unconditionally by the ICA in Phase 1, the Presidency of the Council under the golden power legislation, and the European Commission under the FSR regulation;
  • assistance to a leading operator in the gas sector in the notification and subsequent Phase 2 in Italy of the acquisition of control of the gas distribution business of a competitor. Out of 17 markets affected by the transaction, authorisation was granted with structural commitments in only one market;
  • assistance to a large-scale retail operator in the notification to the ICA of the acquisition of exclusive control of a series of stores in Southern Italy. The transaction was authorised with corrective measures concerning only 8 out of more than 50 stores subject of the acquisition.

Cartels and Abuse of Dominant Position

  • Assistance to a leading oil company in relation to the investigation launched by the ICA concerning an alleged concerted practice in the biofuels sector;
  • assistance to a public body in relation to the investigation launched by the ICA concerning an alleged abuse of a dominant position in exercising its duties as a national sports federation recognised by CONI. The proceedings were closed with a dismissal ruling in which the ICA found insufficient evidence to confirm the initial accusation, found no breach of competition rules, and imposed no sanctions;
  • assistance to a listed company in relation to the investigation launched by the ICA regarding an alleged restrictive agreement in the hollow glass container sector, concerning alleged coordination among competitors on price increases;
  • assistance to an Italian motorway concessionaire in relation to the investigation launched by the ICA concerning an alleged exclusionary abuse of dominant position in the national toll market. The proceeding was closed with commitments, without any infringement being found;
  • assistance to a company leader in the e-money and payment services sectors in the abuse of a dominant position investigation initiated by the ICA against one of the main European payment circuits concerning the implementation of the double-tap for contactless payments. The proceeding ended with commitments;
  • assistance to a leading gas distribution operator in the ICA abuse of dominant position investigation for alleged obstructive conduct in the tendering process for distribution. The sanction imposed by the ICA was reduced by over 70% by the TAR (Regional Administrative Court);
  • assistance to a leading chemical company in connection with the investigation initiated by the ICA for abuse of a dominant position concerning the refusal to supply a generic producer in the fungicides market.

Unfair Commercial Practices and Abuse of Economic Dependence

  • Assistance to a leading banking and payment systems operator in an ongoing ICA investigation concerning an alleged unfair commercial practice related to the request for access for anti-fraud purposes to certain data on end-users’ mobile devices;
  • assistance to a leading operator in the dairy sector in a series of investigations initiated by the Ministry of Agriculture (ICRF) for alleged unfair commercial practices in the agri-food sector pursuant to Legislative Decree 198/2021 and subsequent litigation;
  • assistance to a leading home appliance manufacturer in the ICA investigation concerning warranty conditions. The proceeding ended with acceptance of commitments and without finding any infringement;
  • assistance to an international energy operator in an investigation launched by the ICA regarding alleged violations of consumer code contractual obligations with end-users relating to LPG supply in tanks. The proceedings ended with the acceptance of commitments and no finding of infringement;
  • assistance to a large-scale retail operator in the investigation launched by the ICA  regarding alleged unfair conditions applied to bread suppliers;
  • assistance to a leading operator in the credit sector regarding investigations launched by the ICA relating to (i) unfair practices in the granting of personal loans for the purchase of photovoltaic plants and (ii) unfair practices in the provision of personal loans for dental care services.