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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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July 2019
CMS Com­pet­i­tion Con­tact Card
02/08/2019
Con­sulta­tion on EC Com­mu­nic­a­tion on the pro­tec­tion of con­fid­en­tial...
Na­tion­al courts are in­creas­ingly deal­ing with com­pet­i­tion law pro­ceed­ings brought by con­sumers and com­pet­it­ors, so-called private en­force­ment pro­ceed­ings. Un­like com­pet­i­tion au­thor­it­ies, these private claimants do not have in­vest­ig­at­ive powers to ob­tain evid­ence.
27/05/2019
AB In­Bev hit with a EUR 200 m fine for re­strict­ing cross-bor­der sales
On 13 May 2019, the European Com­mis­sion fined AB In­Bev EUR 200 mil­lion for ab­us­ing its dom­in­ant po­s­i­tion on the beer mar­ket by re­strict­ing cross-bor­der sales of its products. As an ex­ample of the Com­mis­sion's new policy of le­ni­ency in ver­tic­al non-car­tel cases,.
13/05/2019
The Ver­dict Risk & In­vest­ig­a­tions
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 Chile, in­clud­ing the ex­ten­sion.
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.