Decisioni con impegni, programmi di clemenza e misure cautelari nell'attività dell'Agcm (anno 2013)

The analysis of the practice of the National Competition Authority (i.e. Autorità garante della concorrenza e del mercato, hereafter: Agcm) during 2013 shows a reduced use of the instruments provided by the so-called Bersani decree (Law-Decree no. 223/2006). While until 2011 the Agcm made large use of commitment decisions — a policy highly criticized by Italian scholars —, 2012 inaugurated a new approach by Agcm, consisting in a substantial decrease of the cases closed through commitments. This approach confirms the exceptionality character of commitment decisions, that are not appropriate to address hard core restrictions and cases where the Agcm intends to set a fine. On the contrary, confirming its past practice, during the time covered by these notes, the Agcm has never adopted interim measures and no leniency proceedings have been activated. During the same year, however, the Italian leniency programme has been amended, in order to make it more compatible with the European Competition Network's Leniency Model.