Le intese restrittive della concorrenza nell'attività dell'Agcm (anno 2015)

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During 2015, the praxis of the Italian Antitrust Authority (i.e., Autorità garantedella concorrenza e del mercato, or « Agcm ») has not diverged significantly from theestablished trend in the application of antitrust prohibitions of anti-competitive arrangements.Interestingly, most of the analysed conducts consisted of hypothetical collusionbetween participants in public tenders (so called bid-rigging), through which colludersenacted « complex restrictive agreements » involving market sharing.Furthermore, it is worth noticing that since 2015, the Agcm has begun implementingthe National Guidelines on the quantification of antitrust fines, adopted in order toincrease the understandability and clarity of Agcms decision-making process. Althoughthese Guidelines affirm principles largely similar to those inferred by the CommissionsGuidelines, they differ in some relevant respects: in particular, the National Guidelinesstate that the minimum amount of the fine for hardcore restrictions must be quantified bytaking as a reference point a percentage not less than 15% of the sales affected by the infringement. This may have significant consequences in the national practice of determiningfines.
Original languageItalian
Pages (from-to)267-290
Number of pages24
Publication statusPublished - 2016

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