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EU Competition Newsletter - April 2018

by Bryan Cave on

Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more

Governance & Securities Law Focus: Europe Edition, April 2018

by Shearman & Sterling LLP on

In this newsletter, we provide a snapshot of the principal European, U.S. and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more...more

The Italian Budget 2018 and changes to employment & social security provisions

Italian law no. 205/2017 was published in the Italian Official Journal on 29 December 2017 and entered into force on 1 January 2018, providing the 2018 Budget and introducing substantial changes covering also employment and...more

Italy Earmarks EUR 4.7bn for Biofuel Incentives in the Transport Sector

by McDermott Will & Emery on

The Ministerial Decree governing the new support scheme for use of biomethane and other advanced biofuels in the transport sector (Decree) was published in the Official Gazette on March 19, 2018 and entered into force on...more

Focus sull'aggiornamento delle Linee Guida ANAC n. 4 in materia di affidamenti "sotto soglia"

Con delibera del Consiglio n. 206 del 1° marzo 2018, l'Autorità Nazionale Anticorruzione ("ANAC") ha definitivamente approvato l'aggiornamento delle Linee Guida n. 4 recanti "Procedure per l'affidamento dei contratti pubblici...more

Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation’s Industries?

by Shearman & Sterling LLP on

In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more

Regolamento Intermediari e Relazione sui Servizi

Il 15 febbraio 2018, la CONSOB ha emanato la delibera n. 20307 (“Delibera 20307”) che ha disposto l’abrogazione della precedente delibera n. 16190 del 29 ottobre 2007 così ridefinendo il nuovo regolamento in materia di...more

Il Nuovo Regolamento Prospetti

Il 20 luglio 2017, a seguito di pubblicazione in Gazzetta Ufficiale del 30 giugno 2017, è entrato in vigore il Regolamento (UE) 2017/1129 del Parlamento europeo e del Consiglio (il “Nuovo Regolamento Prospetti”), relativo al...more

Italian Supreme Court Upholds Class Action Ruling on Misleading Advertising

by Jones Day on

The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim...more

The Italian Competition Authority Updates the Merger Notification Thresholds

by Shearman & Sterling LLP on

By a decision adopted on 7 March 2018 and published in its Bulletin of 12 March 2018, the Italian Competition Authority has updated the thresholds for merger notification, adjusting them to the inflation rate. The new...more

Ruling By France’s Highest Court Ends Long-Running Legal Dispute Between Heirs Of Peggy Guggenheim And Guggenheim Foundation

by Fox Rothschild LLP on

In recent art world news, France’s highest court, the Cour de Cassation, issued a ruling on March 7, 2018 that ends the lengthy dispute between the heirs of Peggy Guggenheim’s daughter, Pegeen Vail, and the Solomon R....more

Italy, Draft Regulation On Transfer Pricing And Corresponding Adjustments

by DLA Piper on

In April 2017, the Italian government issued a Decree with the aim, among the other, to: (1) amend the Italian transfer pricing legislation, in order to better align it with OECD’s arm’s length principle; and (2) provide the...more

IVASS and AGCM bring actions against unfair clauses contained in accident and health insurance contracts

by Hogan Lovells on

The Italian Insurance Regulator ("IVASS") and the Italian Competition Authority ("AGCM") have taken coordinated actions against certain clauses contained in health and accidents insurance policies that cover permanent...more

Derivatives In Review - February 2018

English Supreme Court Brings an End to Dexia - Prato Swap Dispute - On January 18, the English Supreme Court refused to grant Comune di Prato, an Italian local authority with responsibility for the municipality of Prato in...more

Dormant policies

by DLA Piper on

On 4 January 2018, IVASS (Italian insurance regulatory authority) published on its website a letter addressed to the market containing some guidelines that the Authority expects that Italian life insurance companies and extra...more

The Italian Supreme Court upholds the first class action relating to medical devices

by Hogan Lovells on

By a recent judgment published on 31 January 2018, the Italian Supreme Court brought to an end - after more than seven years from its beginning - the first product-related class action promoted in Italy....more

Antiriciclaggio 2017 Obblighi imposti al cliente dal decreto legislativo 25 maggio 2017 n 90

1. Fascicolo del Titolare Effettivo - Il Decreto Legislativo 25 maggio 2017, n. 90 (di seguito il "Decreto"), in vigore dal 4 luglio 2017, ha recepito la Direttiva 2015/849/UE e, ai fini del contrasto al riciclaggio e al...more

IDD implementation in Italy: a step forward

by DLA Piper on

On 8 February 2018, the Italian Council of Ministries published a press release regarding the approval of the text of the draft of the legislative decree aimed at implementing EU Directive no. 97/2016 (IDD)....more

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

by Jones Day on

The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more

TLC and Networks: New rules for Chinese foreign investments (Italian)

by Dentons on

The Chinese Government decided to remove the investments in telecommunication operators and electricity grid management companies from the list of sensitive sectors for which a prior authorisation for investments by Chinese...more

La disciplina dell’anatocismo bancario. Implicazioni nelle operazioni di finanziamento e ristrutturazione.

by Latham & Watkins LLP on

Le riforme avviate dal legislatore comprendono la disciplina dell’anatocismo bancario in materia di interessi nelle operazioni implementate nell’esercizio dell’attività bancaria. In data 3 agosto 2016 il Comitato...more

Italy - Challenge of arbitral award for error of law: is your arbitral clause safe?

by Hogan Lovells on

By judgment no. 13 of 2018 (published in the Official Journal - Gazzetta Ufficiale - on 30 January 2018), the Italian Constitutional Court confirmed the recent position of the Italian Supreme Court, whereby it is always...more

Italian insurance legal framework: latest news for insurers and distributors

by Hogan Lovells on

Postponement of IDD implementing provisions - On 14 February the EU Council agreed the text of the proposed Directive to postpone the deadline for the transposition into Member States of Directive 2016/97 on insurance...more

EU Court ruling on how off-label use is to be analysed under competition law

by White & Case LLP on

On 23 January 2018, the Grand Chamber of the Court of Justice ("ECJ") delivered its judgment on preliminary reference from the Italian State Council in the Roche case, which concerns the off-label use of Avastin for the...more

EU & Competition Law Update - February 2018

by Bryan Cave on

Does the EU’s Qualcomm fine represent efficient justice? As widely reported, on 24 January 2018, the EU Commission fined Qualcomm €997m for abusing its dominant position in LTE baseband chipsets....more

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