Competition and State aid

Competition law: antitrust, M&A and State aid

The Firm has a long and consolidated experience in the field of competition law, including antitrust, merger control (“M&A”) and State aid. 

We assist our clients in all operations and situations governed by antitrust and competition law, both at European Union and national level (especially with reference to Italian and Belgian antitrust law). 

Although based in Brussels, we operate in real time throughout Italy and, in particular, in Rome and Milan.

We intervene before the European Commission or the competent national competition authorities.

We assist and represent our clients before the courts of the Union (General Court and Court of Justice of the European Union), and the national courts, even of last instance (Council of State and Court of Cassation).

Thanks also to the various antitrust cases dealt with before the General Court and the Court of Justice of the EU, Massimo Moretto, founder of the Firm, is a recognized expert in antitrust litigation. A list of these cases is available on the website of the Court of Justice of the EU at the following link: curia.europa.eu.

The Firm has a specific experience in the following sectors: fashion, textiles and clothing, watches, luxury goods, financial services, pension funds, merchant banking, distribution of motor vehicles, electrified axles for electric vehicles, household appliances, beer, waste disposal, transport, steel, pharmaceuticals, electronic cash registers and terminals, soft drinks, toys, cultural assets and sites.

M&A 

We have an extensive experience in merger control. We verify whether a concentration (through merger, acquisition, or creation of a concentrative joint venture) is subject to prior notification and we deal with the possible notification of the transaction to the European Commission or the national antitrust Authority, in order to obtain the necessary declarations of compatibility.

The Firm has provided assistance in merger operations carried out, inter alia, in the following sectors: beer, electronic cash registers and terminals, integrated electrified axles (e-axle) for electric vehicles, waste disposal, pension, banking, financial and brokerage funds, insurance (life policies), commercial finance and banking leases.

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.

Some of our most significant experiences

Among the most significant experiences in the field of competition law, antitrust and State aid there are the various cases dealt with before the General Court and the Court of Justice of the European Union, inter alia, as regards cartels, fines, attenuating circumstances, gravity and duration of the infringement, aid for the for commercial road haulage, aid to the steel sector.

A list of these cases is available on the website of the EU Court of Justice at the following link: curia.europa.eu.