Luciano Di Via Leone Pasquale

Foreign Investments Control and Antitrust: A Marriage to Be Done

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Abstract

This article analyses the main new developments in Italian law governing the state’s «golden power» and the conditions on which their application could be in line with the fundamental principles of the European Union. One of these conditions will be the necessary inclusion, as a parameter when evaluating the national interest under the law, of the effects that the notified transaction will have on competitive market dynamics, granting to the Competition Authority a role in the context of the related proceedings before the Government.

Keywords

  • Golden power
  • Competition
  • Merger control
  • Freedom of establishment
  • Freedom of capital movements

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