Antitrust

Antitrust law has a direct impact on companies’ commercial strategies, with direct effects on distribution, licensing, marketing and cooperation agreements between companies.

LGV Avvocati assists its clients in assessing potential restrictive agreements, abuses of a dominant position, exclusionary practices and other conduct likely to distort competition, managing relations with the relevant authorities in administrative proceedings and judicial disputes, including follow-on actions for damages arising from breaches of antitrust law.

We also provide assistance in the assessment and drafting of exclusive and selective distribution agreements, franchising, agency, supply, co-marketing and licensing agreements, with particular attention to clauses relating to prices, territories, customers, online sales, non-competition and exclusivity, as well as in the assessment of technology transfer agreements, patent and know-how licences, research and development agreements and other forms of cooperation between undertakings.

Particular attention is paid to the intersection between competition law and monopoly rights arising — or purportedly arising — from industrial property rights: it is not uncommon for operators with economic clout to repeatedly enforce rights — even those that are invalid — across multiple territories and on multiple fronts, with the aim of hindering the market entry of less well-resourced competitors.

LGV Avvocati was involved in a landmark case in which the AGCM recognised and sanctioned an instance of so-called ‘sham litigation’.