Competition Law in Italy The first 20 years of law and practice

government retains some residual powers. 24
However, these powers are quite limited and
are triggered only where a merger threatens the national economy or involves companies
from countries that have no domestic competition law. Thus far, these powers have never
been used.
The Competition Authority is funded by the central government through an annual
budgetary allocation. With these funds, the Competition Authority manages its own
operating expenses. Moreover, the recently-enacted Section 10(7)-bis of the Competition
Law provides that, in order to cover the cost of its merger control activities, the Competition
Authority is empowered to establish on an annual basis the filing fees to be paid for every
merger control notification filed pursuant to Section 16 of the Competition Law. The
determination of the fee is based on the economic significance of the concentration, which is
assessed in light of the value of the notified transaction. In 1998, the Board of Auditors was
created to audit the Competition Authority’s accounting records and issue opinions on the
draft budget and annual accounts.
The Competition Authority can apply the Competition Law not only to private
undertakings, but also to public and state-owned undertakings. The Competition Law does
not, however, contain provisions similar to Sections 106(l) and 106(3) TFEU, empowering
the European Commission to enforce EU competition law with respect to state measures.
Instead, the Competition Authority is empowered to notify the government, the Parliament,
or any government agency of any existing law, draft rule, or measure that threatens to
restrict competition without justification in terms of the general interest. 25
On its own initiative or at the request of the government or of other agencies, the
Competition Authority may express opinions on legislation, regulations, or on problems
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relating to competition and the market. Section 12 of the Competition Law also provides
that the Competition Authority can carry out general fact-finding investigations into a
market or a sector when the operation of that market or sector suggests that competition is
being impeded. The Competition Authority issues an annual report on its activities.
The Competition Authority is also responsible for relations with institutions of the
European Union. Much before the adoption of Regulation No. 1/2003 introducing the direct
applicability of the EU competition rules by the National Competition Authorities, pursuant
to Section 54 of Law No. 52 of February 6 1996 (Law No. 52/96) the Competition Authority
already had jurisdiction to enforce Articles 101 and 102 TFEU.
24 Competition Law, § 25.
25 See Competition Law, § 21. The Competition Authority is also required to issue a binding opinion
on the definition of licenses and other means regulating the exercise of public utilities, in compliance
with Law No. 481 of 14 Nov. 1995, which established the independent authorities responsible for
regulating and controlling specific services.
26 Competition Law, § 22.
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