Once the Authority has received a complaint or has collected information regarding possible interference with competition, the case is assigned to the Directorate responsible by subject-matter. The Directorate carries out a preliminary examination and then advises the Authority whether or not to carry out a full investigation^[1]. If the Authority decides to investigate, the parties directly concerned are notified. They are entitled to make representations and to see any documents relating to the investigation which are not confidential.

The parties receive the so-called "statement of objections" at least 30 days before the end of investigation, in which the alleged violations and evidence are presented. The parties may make written submissions throughout the investigation and for a short period of time (five days) before the end of it.

At the end of the investigation they are summoned to attend the final hearing, during which, in the presence of the Directorate that has carried out the investigation and of all the Members of the Authority, the findings of the investigation are discussed.

During the course of the investigation all the information required to determine the case properly is collected. This may be done with the help of the parties to the case, sometimes using experts in the subject matter appointed by the Authority, or by requesting information from other Government departments and agencies. In some cases the Authority may decide to carry out on-site inspections in order to make copies of company documents, if necessary with the cooperation of the Guardia di Finanza (the Italian Tax Police) that, following the enactment of law issued in 1994, as amended in 1999, can exercise its effective power provided for by tax legislation. All such information is in confidentiality. The obligation of confidentiality covers all investigations and inspections.

In urgent cases where there is a risk of serious, irreparable damage to competition, the Authority may, by virtue of the powers vested in it, order interim measures^[2] for a specified time and levy fines of up to 3% of turnover if companies do not abide by such measures.

In the case of acquisitions and mergers, the Authority has a statutory deadline of 30 days to decide whether to initiate investigations, and 45 days to complete them.

In the case of investigations dealing with restrictive agreements and abuses of dominant position the Authority sets the deadlines case by case, usually 240 days from the beginning to the end.

[1] Within the limits established by the provisions of Presidential Decree no. 217 of 30 April 1998, which regulates the investigatory procedures for competition-related matters.

[2] Pursuant to and in accordance with Section 14 bis of Law no. 287/90.