Penalties and fines
In the case of abuse of dominant position and agreements restricting competition, the Authority may impose a fine on the offenders, depending on the seriousness of the offence, an amount up to ten per cent of the gross turnover of the undertakings involved.
If the Authority finds that an offence has been committed under the Act, and the party concerned fails to desist after the decision has been taken by the Authority, further fines may be imposed, and in the event of repeated offences the Authority may order the company to cease operations for a period up to 30 days.
Other fines are also imposed when the information requested is either untruthful or not provided.
There are also fines contemplated for undertaking that fail to notify the Authority in advance of mergers and acquisitions, and for undertaking who proceed with such operations after they have been prohibited. In the case of mergers and acquisitions (falling within the scope of the Act) that have already taken place and which the Authority deems to limit competition on the basis of its findings, the undertaking concerned may be ordered to adopt the necessary measures to restore the preceding situation.
At all events, no criminal penalties are provided under Italian law for offences against the Competition and Fair Trading Act.
