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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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16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
10/04/2019
A mixed bill of health for EU loan syn­dic­a­tion
The much an­ti­cip­ated EU re­port on loan syn­dic­a­tion was pub­lished on 5 April 2019. It was po­si­tioned as a fact-find­ing ex­er­cise, com­mis­sioned by the European Com­mis­sion in 2017 and car­ried out by a third party con­sultancy, to study the func­tion­ing of the syn­dic­ated.
05/04/2019
European Com­mis­sion pub­lishes re­port on com­pet­i­tion policy for the...
In­vest­ig­a­tions of ma­jor tech com­pan­ies have fuelled the de­bate re­gard­ing the fit­ness of com­pet­i­tion rules to ad­dress ques­tions about the di­git­al eco­nomy. On 4 April 2019, a spe­cial re­port on com­pet­i­tion policy, com­mis­sioned by EU an­ti­trust chief Mar­grethe Vestager,.
22/03/2019
European Com­mis­sion launches on­line "eL­e­ni­ency" tool
On 19 March 2019, the European Com­mis­sion an­nounced the launch of its new on­line tool to sub­mit state­ments and doc­u­ments in le­ni­ency and set­tle­ment pro­ceed­ings in car­tel and non-car­tel co­oper­a­tion cases.
15/03/2019
EU law trumps na­tion­al law when de­term­in­ing the en­tity li­able for...
On 14 March 2019, the Court of Justice of the European Uni­on (CJEU) pub­lished a ground-break­ing pre­lim­in­ary rul­ing in the case Skanska In­dus­tri­al Solu­tions and Oth­ers (Case C‑724/17), find­ing that the de­term­in­a­tion of who is li­able for dam­ages for an in­fringe­ment.
20/02/2019
European Par­lia­ment backs EU wide frame­work for screen­ing for­eign...
On 14 Feb­ru­ary 2019, the European Par­lia­ment voted to en­dorse the first ever EU-wide tool for screen­ing for­eign dir­ect in­vest­ment (FDI) on the grounds of se­cur­ity and pub­lic or­der. The vote brings the EU one step closer to put­ting in place a frame­work al­low­ing.
15/01/2019
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds nu­mer­ic­al games (the Lotto) and the con­di­tions for its tender.
15/01/2019
Guess what? Block­ing cross-bor­der sales can be ex­pens­ive – Com­mis­sion...
On 17 Decem­ber 2018, the European Com­mis­sion ("Com­mis­sion") fined US-cloth­ing com­pany GUESS? Inc. and its vari­ous sub­si­di­ar­ies ("Guess") EUR 39,821,000 for an­ti­com­pet­it­ive prac­tices in its se­lect­ive dis­tri­bu­tion sys­tem (Case AT.
21/11/2018
EU in­sti­tu­tions reach polit­ic­al agree­ment on new EU frame­work for...
On 20 Novem­ber 2018, ne­go­ti­at­ors for the European Par­lia­ment, the European Com­mis­sion and the Coun­cil reached a polit­ic­al agree­ment on a pro­posed new EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) which will al­low EU Mem­ber States to call for in­vest­ments.
15/10/2018
European Com­mis­sion charges Slov­ak rail com­pany with dawn raid ob­struc­tion
On 25 Septem­ber 2018, the European Com­mis­sion sent a State­ment of Ob­jec­tions to ZSSK, a Slov­ak rail com­pany, al­leging that it had ob­struc­ted a dawn raid by giv­ing in­cor­rect in­form­a­tion and de­let­ing data from a laptop.
03/09/2018
The Com­mis­sion de­cides that tax on ad­mis­sion fees in Greek casi­nos...
The European Com­mis­sion has con­cluded that a sys­tem of levies on State-set ad­mis­sion fees at Greek casi­nos does not con­sti­tute EU State aid. The Com­mis­sion had ini­tially taken is­sue with the meas­ures and de­cided, after an in-depth State aid in­vest­ig­a­tion con­cluded.
30/07/2018
EC: Ef­fects of pri­cing al­gorithms in the con­text of re­sale price main­ten­ance
On 24 Ju­ly 2018, the European Com­mis­sion ("Com­mis­sion") im­posed fines on four elec­tron­ics man­u­fac­tur­ers for fix­ing the prices of their on­line re­tail­ers. In as­sess­ing the im­pact of re­sale price main­ten­ance, the Com­mis­sion also fo­cused on the use of pri­cing al­gorithms.