Italian and European Merger Review: Are There Differences and, If Yes, Do They Really Matter?

Alessandra Tonazzi, Jun 28, 2013

In a general report issued at the beginning of October 2012, the Italian Competition Authority (“ICA”) proposed to introduce some changes to the national competition rules in order to enhance their effectiveness. Some of the proposals aimed at aligning the national merger review rules to the European merger review system.

The differences addressed in the report concerned the substantive test for merger review and the assessment of joint ventures. In particular, the Authority proposed to align the current dominance test to the EU SIEC test and asked for a modification of the legal framework that would allow an assessment of joint ventures as mergers, irrespective of their concentrative or cooperative nature.

 

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