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Competition & EU

Italy

Competition and regulatory authorities and local governments are increasing the number and the scale of their investigations. In order to meet these growing challenges, clients need a strong legal counsel with experience, international reach and a thorough knowledge of major national and international competition law regulations. Based in Milan and in Rome our team offers this assistance. The team operates in all business areas with particular reference to: proceedings before both EU and Italian authorities (such as those related to cartels and abuse of dominant position), assistance before civil and administrative courts, domestic multi-national merger filings, state aids and for general consulting.

The CMS Competition Group is one of the largest competition teams in Europe and at the same time one of the most widespread. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond.
Giving the fact that competition and regulatory authorities now possess far-reaching powers, we also implement effective risk mitigation systems.
Our Italian team of competition lawyers has developed a deep expertise in consumer protection. In this field we provide problem solving solutions if requested to appear before the competent authorities, and, in addition, the team also offers the necessary assistance to avoid issues and regularly advise in the drafting of the T&C for on-line sales to consumers.
Our sector approach helps us understand your business and get to grips with the issues which may arise from your day to day work.

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13/06/2018
Com­pet­i­tion law and al­gorithms: the Lux­em­bourg Com­pet­i­tion Coun­cil...
Al­gorithms is the hot top­ic in com­pet­i­tion law. In June 2017, the OECD pub­lished a pa­per on the risk of col­lu­sion in the use of al­gorithms. This is­sue has been reg­u­larly ad­dressed by Com­mis­sion­er Vestager in her speeches.
12/06/2018
Ham­burg court ex­tends ECJ's rul­ing on third-party plat­form ban to...
On 22 March 2018, the Hanseat­ic High­er Re­gion­al Court in Ham­burg ruled that a sup­pli­er of food sup­ple­ments and vari­ous toi­letries may pro­hib­it dis­trib­ut­ors from selling its goods over cer­tain on­line sales sites known as third-party plat­forms.
01/06/2018
No gun jump­ing in EY case says ECJ
The Court of Justice of the EU has ruled that Ernst & Young (“EY”) did not jump the gun in the takeover of KP­MG’s Dan­ish unit. In its May 31 rul­ing, the Court of Justice re­af­firmed an earli­er Opin­ion by Ad­voc­ate Gen­er­al Nils Wahl, which could im­pact how “gun.
29/03/2018
Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
08/11/2017
Com­pan­ies should be per­mit­ted to mi­grate from one EU mem­ber state...
A com­pany re­gistered in and gov­erned by the laws of one EU mem­ber state should be per­mit­ted to “con­vert” it­self in­to a com­pany gov­erned by the laws of an­oth­er EU mem­ber state, provided it sat­is­fies the rel­ev­ant con­di­tions laid down by the des­tin­a­tion state.
02/11/2017
EU Frame­work for resolv­ing double tax dis­putes
The EU Eco­nom­ic and Fin­an­cial Af­fairs Coun­cil has ad­op­ted a Dir­ect­ive to cre­ate a new sys­tem to re­solve double tax­a­tion dis­putes between EU Mem­ber States. This meas­ure will af­ford tax­pay­ers a trans­par­ent pro­cess with clear dead­lines ap­plic­able to tax au­thor­it­ies.
21/06/2017
The Ver­dict - Round-up of cor­por­ate crime de­vel­op­ments across CMS
We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in the Czech Re­pub­lic, in­clud­ing.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
01/12/2016
BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
28/10/2016
European Com­mis­sion pub­lishes Cor­por­ate Tax Re­form Pack­age, re­launch­ing...
As part of a Cor­por­ate Tax Re­form Pack­age, the EC has pub­lished four pro­pos­als for Coun­cil Dir­ect­ives. 1. Pro­pos­als to re­launch the Com­mon Con­sol­id­ated Cor­por­ate Tax Base First, the European Com­mis­sion (“EC”) has an­nounced that it is re­launch­ing its pro­pos­al.
20/09/2016
When the Dust Settles: Cross-bor­der re­struc­tur­ing and in­solv­ency after...
As the dust be­gins to settle after the EU ref­er­en­dum and the po­ten­tial rami­fic­a­tions of Brexit con­tin­ue to be di­ges­ted, we ex­am­ine the po­ten­tial im­pact of Brexit on the UK cross-bor­der re­struc­tur­ing and in­solv­ency re­gime and its con­sequences for the UK’s repu­ta­tion.