Italy

AGCM is an independent authority with powers to investigate, sanction, and impose remedies for antitrust violations. It also handles consumer protection and unfair commercial practices.

Article 2 of Law 287/1990 prohibits horizontal agreements restricting competition. The AGCM has pursued major cartels in insurance, logistics, pharmaceuticals, and construction sectors.

Vertical restraints including resale price maintenance and territorial restrictions are prohibited. Active enforcement in distribution networks and online sales restrictions.

Article 3 prohibits abuse of dominant position. Article 9 of Law 192/1998 separately prohibits abuse of economic dependence. Significant cases against energy companies and digital platforms.

Mandatory pre-notification for mergers exceeding turnover thresholds (combined Italian turnover of EUR 532 million and target turnover of EUR 32 million, adjusted annually). Phase I/II review procedure.

Full immunity or fine reduction for cartel whistle-blowers who provide evidence and cooperate. Aligned with the ECN Model Leniency Programme.

Commitment decisions under Article 14-ter of Law 287/1990 permit cases to close with binding commitments. Settlement procedure allows reduced fines.

Fines up to 10% of worldwide turnover. No criminal sanctions for antitrust infringements, but bid-rigging is a criminal offence under the Italian Criminal Code (Article 353).

AGCM has been active against digital platforms, applying both competition and consumer protection powers. Italy implemented the EU Digital Markets Act and the AGCM has opened investigations into gatekeeper conduct.

AGCOM (communications), ARERA (energy), Banca d'Italia (banking), and IVASS (insurance) have concurrent regulatory powers. AGCM retains primary antitrust jurisdiction.

AGCM conducts inspections with judicial authorisation. Powers include access to premises, seizure of documents, and copying of electronic records. Guardia di Finanza often assists.

Private damages actions available following the 2017 transposition of the EU Damages Directive (D.Lgs. 3/2017). Specialist competition division at the Rome Court of Appeal.

Active participant in ECN, ICN, and OECD. Bilateral cooperation agreements with multiple authorities. Frequent joint investigations with the European Commission.

Focus on digital platforms and big tech, pharmaceutical pay-for-delay cases, and energy market manipulation. Increased attention to sustainability agreements and green claims in competition context.