The antitrust and regulatory practice launched in 2014 when Antonio Catricalà joined the firm provides complete assistance on all issues relating to competition law and to the regulatory authorities in general.
Our professionals specialized in this practice have a solid experience in assisting and representing Italian and international clients in AGCM proceedings in connection with restrictive practices and abuse of dominant positions on the market, reporting of market concentration operations and application of consumer protection code. We also render assistance in other aspects of UE law, such as free circulation, state aid, golden power and application of antitrust law to sports.
The application of antitrust law is often closely linked to the issues of administrative, civil and commercial law. For this reason, our antitrust and regulatory team uses to work with the administrative team for all matters that have, or may have, judicial and civil law relevance for issues relating to compensation for damages from abuse or anti-competitive agreements.
Merger Control
Examination of the achievement of the thresholds for the notification of concentrations and the fulfilment of the conditions for the reporting obligation. Preparation of communications to the AGCM and the European Commission and assistance in the proceedings, with reference to requests for documentation, pre-filing, etc.
Antitrust Investigations
Assistance to clients involved in AGCM investigations in the various relevant sectors and markets, for potential abuse of dominant position, or cartels. This activity includes, for example, assistance in: inspections at the company’s headquarters, hearings at the AGCM in Rome, preparation of intra-procedural briefs and, in general, in the analysis of the case and in the preparation of defensive strategies in agreement with clients. This area naturally includes judicial assistance in collaboration with the Administrative Law team in contentious proceedings relating to the appeal of antitrust measures, before Lazio Regional Administrative Court and, in second instance, before the Council of State.
Antitrust Compliance
Development of antitrust compliance programs, preventive analysis of potential conflicts in activities carried out by customers with antitrust regulations, also through antitrust audit activities, monitoring and updating activities and procedures for compliance with antitrust regulations.
Contractual advice
Advice in commercial and joint venture agreements, distribution agreements, selective distribution franchising, licensing of intellectual property rights and technology transfers.
Consumer Code
Assistance in AGCM proceedings in connection with the application of the Consumer Code (unfair commercial practices, aggressive practices, misleading advertising, etc.) in the two pre-investigation and preliminary phases, and before the Grand Jury of Advertising. Consultancy and assistance activities at the AGCM Directorate, including the submission of briefs, the participation in hearings and the presentation of useful remedies for the closure of the procedure avoiding sanctioning measures.
Civil litigation
Assistance in civil proceedings in cases relating to antitrust damages, in application of the rules of Legislative Decree 3/2017 and Directive 2014/104/EU on antitrust damages or in litigation relating to commercial contracts. This assistance is carried out in collaboration with our civil law team.
We also assist clients involved in proceedings and investigations relating to consumer protection, unfair commercial practices, unfair terms in consumer contracts, before European and national consumer protection bodies and National Authorities, including individual and class actions before administrative and civil courts.
EU Law
Advice on the application of Directives and general principles of EU law to public procurement and infringement proceedings before the European Commission. Advice and assistance in disputes and proceedings relating to the granting of State aid, opinions on the compatibility of national or sports regulations with the Treaty rules on fundamental freedoms and the free movement of goods, persons and capital.
