Sanzioni economiche e misure restrittive

Il nostro Studio vanta un’esperienza non comune nel rappresentare e difendere persone fisiche o giuridiche soggette a misure restrittive adottate dall’Unione europea, sia nel corso del procedimento amministrativo davanti al Consiglio dell’Unione, sia nel contenzioso davanti al Tribunale ed alla Corte di giustizia dell’Unione al fine di ottenere l’annullamento e, sussistendone le condizioni, la previa sospensione delle misure.

Un elenco delle numerose cause patrocinate davanti alle giurisdizioni UE in materia di misure restrittive è disponibile sul sito della Corte di giustizia dell’Unione europea al seguente link: curia.europa.eu

Antitrust

We provide advice and assistance on cartels, restrictive practices and agreements, leniency programs, compliance antitrust, as well as in relation to vertical restrictions and agreements (selective distribution systems, distribution, supply or exclusive purchase, franchising, patent and know-how licensing, commercial agency).

We assist companies involved in proceedings initiated (including after unannounced inspections, so-called “dawn raids”) for suspected anti-competitive practices following a complaint by a competitor or a customer, or even a leniency request (c.d. “leniency application”) submitted by another undertaking involved.

We assist our clients in responding to requests for information, submitting observations and attending hearings following a statement of objections, in submitting a request for immunity or offer of cooperation, in obtaining in court proceedings (before the General Court or the Court of Justice of the EU, or before the competent national Court) the annulment of the decision or a possible reduction of the fine imposed.

We advise and assist companies wishing to denounce anti-competitive agreements or practices to the European Commission or the competent national antitrust authority, also for the purpose of submitting an application for immunity or reduction of the fine.

We assist companies accused or victims of abuse of dominant position (single or collective), consistent, for example, in a refusal to supply, in a refusal to contract or to give access to essential facilities, or in practices of loyalty discounts or in the fixing of predatory, excessive or discriminatory prices.

We provide assistance in the context of actions for damages (so-called private enforcement) that can be exercised by those injured by anti-competitive behaviour, whether the role of our client is that of author or victim of said behaviour.

We assist our clients in setting up adequate antitrust compliance programs in order to prevent the violation of competition rules, protect corporate reputation and avoid sanctions.

Where necessary, we make use of specialized economists. We also collaborate on a non-exclusive basis with independent law firms from other EU Member States specializing in competition law.

State Aid

With regard to State aid the Firm advises and assists public authorities at national, regional or local level, companies controlled by these authorities, as well as companies that have benefited from State aid, including in proceedings initiated by the European Commission under Articles 107 and 108 of the Treaty. In addition, we assist undertakings victims of illegal State aid granted to others in lodging a complaint with the European Commission.

We deal, among other things, with regional aid, aid to development, to small and medium-sized enterprises, de minimis aid, aid for rescue and restructuring, the financing of services of general economic interest, as well as the application of the exemptions provided for certain categories of aid.

We have a specific experience in the field of aid to the transport sector and in that of aid to undertakings operating in the sector of management of cultural sites.

Alcune esperienze significative

Il nostro Studio si pregia di aver supportato il Team legale che ha ottenuto l’annullamento delle misure restrittive adottate dal Consiglio nei confronti di un ex pilota di F1, riuscendo anche a far sospendere le misure stesse a più riprese in via d’urgenza.