Antitrust regulations

Economic and legal consultancy on Antitrust

Thanks to the different specialisations of the individual members of our staff, ABM Agenzia Brevetti e Marchi [Agency for Patents and Trademarks] can offer precise and qualified Antitrust advice on competition to Italian and international companies, in our firm in Pisa.

Antitrust regulations currently in force in Italy are placed in a system of specialties compared to that of the Civil Code relating to unfair competition, with the result that the first will prevail if the facts can be framed for either case.

These regulations tend to punish all those situations where anti-competitive consequences are produced and that tends to prohibit all agreements (even simple Gentlemen's Agreements) between undertakings which have as their object the prevention, restriction or distortion of competition in the domestic market, with the exception of those agreements involving benefit for consumers.

These agreements are considered void by the regulations and declaration of nullity is required in the Court of Appeal, which has the power to order companies to pay damages to consumers. Other prohibited practices are the abuse of dominant position in the national market or in a substantial part of it, and concentrations that exceed certain turnover thresholds.

In these cases, the competent administrative body, and therefore not judicial, is the Market and Competition Authority, which has the power to impose financial penalties if wrongdoing is proved. For more information contact the offices of ABM in Pisa.

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