Luciano Di Via

The decisions with commitments in the decisional practice of the Autorità garante della Concorrenza e del Mercato

  • Abstract

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This Paper analyses the decisional practice of the Italian Competition Authority regarding the powers vested in it by Law 248/2006. In particular, by the enforcement of this Law, the Authority is allowed to: end investigation proceedings related to agreements and abuse of dominant position and accept commitments submitted by the parties subject to the proceedings, without verifying the possible unlawful practice. The analysis of the Italian Authority's decisional practice is conducted in comparison with the European practice on the same matters, with the aim of identifying key features in the Italian practice. This analysis reveals that the decisions delivered by the Italian Competition Authority (which were already considerable), have the peculiarity of being more devoted to the improvement of the competition dynamics (considered as the related market's structure), rather than to the solution of the specific issue on which the investigation proceedings were initiated. The Paper ends with an analysis of the possible short-, mid- and long-term involvements relating both to the undertakings and the enforcement process.

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