ITALY

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Content last updated: 08-04-2020

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  • Merger Control Regime
  • Merger Screening

1. Supranationality

1.1 Membership of Supranational Organization

1.1.1 Is the jurisdiction a member of/party to a supranational jurisdiction?

Yes.

1.1.2 Is the jurisdiction itself a supranational jurisdiction?

No.

1.1.3 If the answer to Section 1.1.1 and/or 1.1.2 above is in the affirmative, what are the implications hereof?

As a member of the EU, Italy is subject to the supranational authority of the EU, including EU merger control rules enforced by the Directorate General for Competition of the European Commission.

This means that if the concentration meets the turnover thresholds applicable for the EU’s merger control regime, the concentration must be notified to the European Commission and Italy is precluded from applying its own domestic merger control rules to the transaction.

2. Establishing jurisdiction for notification of mergers

2.3 General thresholds

2.3.1 Threshold(s) for when a concentration must be notified under the general merger control regime?

Merger control filing is required when:

  • all the undertakings concerned achieved an aggregate turnover in Italy exceeding EUR 504,000,000 in the last financial year; and
  • each of at least two of the undertakings concerned achieved a turnover in Italy exceeding EUR 31,000,000 in the last financial year.

2.4 Other national thresholds for ex ante merger control (e.g. sector-specific rules)

2.4.1 Relevant thresholds for sector-specific or other ex ante merger control rules?

There are a number of sector specific merger control rules under Italian law requiring filing:

  • Cinema services: acquisitions causing an incremental increase of the market share of the undertakings concerned of more than 25% in one of the main Italian cities.
  • Transactions involving the following sectors: communication, critical technology and infrastructure, national defense and security, transportation and the energy sector.
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and last updated on 08-04-2020 by

Legal Cross Border has itself provided all input about merger control in Italy. This information has been gathered and validated by our in-house lawyers to guarantee the highest quality outcome. This said, we are currently looking for a local partner to cover Merger Control Italy - please contact us if you would like to be our new partner.

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