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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
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.
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.
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.
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.
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.