WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACI6N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlN/llITAlO/l 
23 May 1997 
(97-2144) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLEcrUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces 1 the Competition and Fair Trading Act, Law No. 287 of 
10 October 1990, as notified by Italy under Article 63.2 of the Agreement (see document 
IP/N/lIIT AI 11 Add. 1). 
Conseil des aspects des droits de propriete 
inteDectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi n· 287 du 10 octobre 1990 sur la concurrence 
et les pratiques commerciales loyales1, notifiee par I'ltalie au titre de I'article 63:2 de I' Accord (voir 
le document IP/NIlIITAllIAdd.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFo 2 DEL ARTiCULO 63 DEL ACUERDO 
En el presente documento se reproduce1la Ley sobre la Competencia y las Practicas Comerciales 
Leales, N° 287, de 10 de octubre de 1990, notificada por Italia en virtud de 10 dispuesto en el parrafo 2 
del articulo 63 del Acuerdo (vease el documento IP/N/1IITAllIAdd.1). 
lEnglish only/anglais seulementlingles solamente. IP/NIl/ITAIOI 1 
Page 2 
L~w No. 287, of 10th October 1990 
Law No. 287, of 10th October 1990 
COMPETITION AND FAIR TRADING ACT 
TITLE I 
AGREEMENTS, ABUSE OF DOlVIINANT POSITION AND 
CONCENTRATIONS 
Section 1 
Scope and relationship to Community law 
1. The provisions of this Act implementing Article 41 of the Constitution protecting and guaranteeing 
the right of free enterprise, apply to agreements, abuse of a dominant position and concentrations 
utside the scope of Articles 65 and/or 66 of the Treaty establishing the European Coal and Steel 
Community, Articles 85 and/or 86 of the Treaty establishing the European Economic Community 
(EEC), EEC Regulations or Community acts having an equivalent statutory effect. 
2. Where the Competition Authority, within the meaning of section 10, hereinafter referred to as 'the 
Authority', considers that a case does not fall within the scope of this Act, as defined in subsection (1), 
it shall inform the Commission of the European Communities and forward to it any relevant 
information at its disposal. 
3. The Authority shall suspend any investigation into cases in respect of which the Commission of the 
European Communities has opened a formal procedure under the provisions referred to in subsection 
(1) above, save for any aspects entirely of domestic relevance. 
4. The provisions of this Title shall be interpreted in accordance with the principles of the European 
Community competition law. 
Section 2 
Agreements restricting freedom of competition 
1. The following shall be regarded as agreements: accords and/or concerted practices between 
undertakings, and any decisions, even if adopted pursuant to their Articles or Bylaws, taken by 
consortia, associations of undertakings and other similar entities. 
2. Agreements are prohibited between undertakings which have as their object or effect appreciable 
prevention, restriction or distortion of competition within the national market or within a substantial 
part of it, including those that: 
a) directly or indirectly fix purchase or selling prices or other contractual conditions; 
b) limit or restrict production, market outlets or market access, investment, technical development or 
technological progress; 
c) share markets or sources of supply; 
d) apply to other trading partners objectively dissimilar conditions for equivalent transactions, thereby 
placing them at an unjustifiable competitive disadvantage; 
e) make the conclusion of contracts subject to acceptance by the other parties of supplementary Law No. 287, of 10th October 1990 lP/NIl/IT A/Oil 
Page 3 
e) make the conclusion of contracts subject to acceptance by the other parties of supplementary 
obligations which, by their nature or according to commercial usage, have no connection with the 
subject of such contracts. 
3. Prohibited agreements are null and void. 
Section 3 
Abuse of a dominant position 
1. The abuse by one or more undertakings of a dominant position within the domestic market or in a 
substantial part of it is prohibited. It is also prohibited: 
a) directly or indirectly to impose unfair purchase or selling prices or other unfair contractual 
conditions; 
b) to limit or restrict production, market outlets or market access, investment, technical development 
or technological progress; 
c) to apply to other trading partners objectively dissimilar conditions for equivalent transactions, 
thereby placing them at an unjustifiable competitive disadvantage; 
d) to make the conclusion of contracts subject to acceptance by the other parties of supplementary 
obligations which, by their nature or according to commercial usage, have no connection with the 
subject of such contracts. 
Section 4 
Exemption from the prohibition of agreements restricting competition 
1. The Authority may authorize, for a limited period, agreements or categories of agreements 
prohibited under section 2 which have the effect of improving the conditions of supply in the market, 
leading to substantial benefits for consumers. Such improvements shall be identified taking also into 
account the need to guarantee the undertakings the necessary level of international competitiveness 
and shall be related, in particular, with increases of production, improvements in the quality of 
production or distribution, or with technical and technological progress. The exemption may not 
permit restrictions that are not strictly necessary for the purposes of this subsection, and may not 
permit competition to be eliminated in a substantial part of the market. 
2. The Authority may subsequently, after giving notice, revoke the exemption referred to in subsection 
(l) in cases where the party concerned abuses it, or when any of the conditions on which the 
exemption was based no longer obtain. 
3. Requests for exemption shall be submitted to the Authority, which shall avail itself of the powers of 
investigation referred to in section 14 and decide within a period from 120 days of the date on which 
the application is filed. 
Section 5 
Concentrations 
1. A concentration shall be deemed to arise when: 
a) two or more undertakings merge; 
b) one or more persons controlling at least one undertaking or one or more undertakings, acquire the 
direct or indirect control of the whole or parts of one or more undertakings, whether through the 
acquisition of shares or assets, or by contract or by any other means; IPINll/IT AIOIl 
Page 4 
Law No. 287. of 10th October 1990 
acquisition of shares or assets, or by contract or by any other means; 
c) two or more undertakings create ajoint venture by setting up a new company. 
2. Control of an undertaking shall not be deemed to have been acquired in the case of a bank: or 
financial institution which acquires shares in an undertaking when constituted, or when its share capital 
is raised, with a view to re-selling them on the market, provided that it does not exercise any voting 
rights vested in those securities while it holds them; in no case the holding period shall exceed 24 
months. 
3. Operations which have as their main object or effect the coordination of the actions of independent 
undertakings shall not constitute concentrations. 
Section 6 
Prohibition on concentrations restricting free competition 
1. The Authority shall appraise concentrations subject to notification under section 16, to ascertain 
whether they create or strengthen a dominant position on the domestic market with the effect of 
eliminating or restricting competition appreciably and on a lasting basis. This situation shall be 
appraised taking into account the possibilities of substitution available to suppliers and users, the 
market position of the undertakings, the access conditions to supplies or markets, the structure of the 
relevant markets, the competitive position of the domestic industry, barriers to the entry of competing 
undertakings and the evolution of supply and demand for the relevant goods or services. 
2. Whenever the investigation under section 16(4) shows that the operation entails the consequences 
referred to in subsection (1) the Authority shall either prohibit the concentration or authorize it laying 
down the necessary measures to prevent such consequences. 
Section 7 
Control 
l. For the purposes of this title, control is acquired in the cases provided by Article 2359 of the Civil 
Code, and by the holding of rights, contracts or other legal relations which, separately or in 
combination, and having regard for the considerations offact and law involved, confer the possibility 
of exercising decisive influence on an undertaking, in particular by: 
a) the ownership or right of use over all or part of the assets of an undertaking; 
b) rights, contracts or other legal relations which confer a decisive influence over the composition, 
resolutions or decisions of the board of an undertaking. 
2. Control is acquired by persons or undertakings or groups of persons or undertakings which: 
a) are holders of the rights or beneficiaries under the contracts or are parties to the other legal 
relations; 
b) while not being holders of the rights or beneficiaries under the contracts or parties to such legal 
relations, have the power to exercise the rights deriving therefrom. 
Section 8 
Public undertakings and statutory monopolies 
1. The provisions of the preceding sections apply to both private and public undertakings and to those 
in which the State is the majority shareholder. Law No. 287, of 10th October 1990 IP/N/l/ITA/O/1 
Page 5 
2. The provisions of the preceding sections do not apply to undertakings which, by law, are entrusted 
with the operation of services of general economic interest or operate on the market in a monopoly 
situation, only in so far as this is indispensable to perform the specific tasks assigned to them. 
Section 9 
Internal production 
1. The statutory monopoly granted to the State or to a public entity or agency, as well as any statutory 
monopoly granted to an undertaking entrusted with the sale of goods and services to the public does 
not imply a prohibition on third parties from producing the same goods or services for their own 
internal use, or for their parent or subsidiary companies. 
2. Internal production is not allowed in cases where public order, public safety and national defence 
are the grounds for the relevant statutory monopoly provisions, or for telecommunications services, 
unless a government franchise is granted. 
TITLE IT 
ESTABLISHMENT AND FUNCTIONS OF THE COMPETITION AUTHORITY 
Chapter I 
THE EST ABUSHMENT OF THE AUTHORITY 
Section 10 
The Competition Authority 
1. The Competition Authority, hereinafter referred to as 'the Authority' is hereby instituted, with its 
headquarters in Rome. 
2. The Authority shall act with total autonomy and independence of judgment and assessment, and is a 
collegial body consisting of the President and four members proposed and appointed jointly by the 
Presidents of the Italian Chamber of Deputies and Senate. The President shall be a person of 
well-known independence, and who has already held high office with broadly-based institutional 
responsibilities. The four members shall be persons of well-known independence, and chosen among 
judges serving on the Supreme Administrative Court ('Council of State'), the Court of Auditors, the 
Supreme Court of Appeals, full professors of Economics or Law or respected business executives of 
particularly high professional repute. 
3. The members of the Authority shall be appointed for a non-renewable period of seven years. While 
holding office they may not exercise any professional or consultancy activities, or acquire directorships 
or be employees of public or private entities, or hold public office of any kind whatever. Civil servants 
shall be given temporary leave throughout their full term of office. 
4. The Authority may correspond with any government department and with any other statutory 
bodies or agencies under public law, and may request information and co-operation in the performance 
of its duties. Being the national Competition Authority, it shall be responsible for relations with the 
institutions of the European Community provided by the relevant provisions of Community law. 
5. Within 90 days of the entry into force of this Act, the President of the Republic shall issue a Decree, 
at the proposal of the Minister of Trade and Industry, in consultation with the Minister of the 
Treasury, following a decision by the Council of Ministers, establishing the investigation procedures IP/N/1/ITAIO/1 
Page 6 
Law No. 287, of 10th October 1990 
for ensuring full disclosure of any documents used in the course of the Authority's investigations, and 
the right of reply, debate and the submission of defences. 
6. The Authority shall draw up rules governing its own organization and operations, regulations for 
staff salary scales and conditions of employment and promotion, and rules for keeping expenditure 
within the limits laid down in this Act, even if they constitute exceptions to the general provisions 
governing public accounting. 
7. The Authority is responsible for expenditure relating to its own operations, within the limits 
provided in the national budget and entered under a single heading in the budget of the Ministry of 
Trade and Industry. Its annual financial management shall be based on the budget approved by the 
Authority by 31 st December of the previous year. The content and structure of the budget, in which 
expenditure shall be restricted within the limits of the forecast revenue, shall conform to the rules 
referred to in subsection (6), which also govern the procedures for introducing amendments. The 
financial statements, which shall be approved by 30th April of the following year, shall be audited by 
the Court of Auditors. The budget and the financial statements shall be published in the Gazzetta 
Ufficiale of the Italian Republic. 
8. The emoluments of the Chairman and Members of the Authority shall be laid down by Prime 
Ministerial Decree, as proposed by the Minister of Trade and Industry, by agreement with the Minister 
of the Treasury. 
Section 11 
Staff of the Authority 
1. By Prime Ministerial Decree a specific record shall be instituted for the staff of the Authority. The 
number of posts may not exceed 150. Staff shall be recruited by public competitive examination, 
except for those grades for which recruitment is provided by section 16 of Law No. 56 of 28th 
February 1987. 
2. The staff salaries and conditions of employment and promotion shall be in accordance with to the 
criteria laid down in the collective labour contract for Bank ofItaly staff, taking account ofthe 
Authority's specific functional and organizational requirements. 
3. Staff members of the Authority are forbidden to take any other employment or duties, and to 
exercise any professional, commercial or industrial activities. 
4. The Authority may recruit up to 50 members of staff under fixed-term contracts governed by 
private law provisions. The Authority may, if appropriate, also engage experts for consultation on 
specific matters and problems, whenever necessary. 
5. The Secretary-General is responsible for overseeing the operations of the Authority'S services and 
offices, and shall report to the Chairman. He is appointed by the Minister of Trade and Industry, acting 
on a proposal of the Chairman of the Authority. 
Chapter 11 
THE AUTHORITY'S POWERS OVER AGREEMENTS RESTRICTING COMPETITION AND 
ABUSE OF A DO:MINANT POSITION 
Section 12 
Powers of investigation Law No. 287, of 10th October 1990 IP/N/l/ITA/O/1 
Page 7 
1. After assessing the elements in its possession and those brought to its notice by the public 
authorities or by any other interested party, including bodies representing consumers, the Authority 
shall conduct an investigation to ascertain any infringements of the prohibitions provided by sections 2 
and 3. 
2. The Authority may also institute a general fact-finding investigation at its own initiative, or at the 
request of the 11inister of Trade and Industry, or of the Minister of State Shareholdings, in areas of 
business in which the development of trade, the evolution of prices or other circumstances suggest 
that competition may be impeded, restricted or distorted. 
Section 13 
Notification of agreements 
1. Undertakings may notify the Authority of any agreements they conclude. The Authority shall 
commence the investigations under section 14 within 120 days of notification, after which time no 
investigation may take place, except where the notification is found to be incomplete or untrue. 
Section 14 
Investigation 
1. In the event of an alleged infringement of sections 2 or 3 the Authority shall notify the undertakings 
and entities concerned that an investigation is being opened. The owners or legal representatives of 
such undertakings or entities may submit representations in person or through a special attorney by the 
deadline set at the moment of notification, and may make submissions and opinions at any stage during 
the course of the investigation, as well as further representations before the investigations are 
completed. 
2. The Authority may, at any stage in the investigation, request undertakings, entities and individuals 
to supply any information in their possession and exhibit any documents of relevance to the 
investigation; it may conduct inspections of the undertaking'S books and records and make copies of 
them, availing itself of the cooperation of other government agencies where necessary; it may produce 
expert reports and economic and statistical analyses, and consult experts on any matter of relevance to 
the investigation. 
3. Any information or data regarding the undertakings under investigation by the Authority are wholly 
confidential and may not be divulged even to other government departments. 
4. In the exercise of their functions, officials of the Authority shall be considered 'public officials'. They 
are sworn to secrecy. 
5. The Authority may fine anyone who refuses or fails to provide the information or exhibit the 
documents referred to in subsection (2) without justification, in an amount up to 50 million lire, which 
is increased up to 100 million lire in the event that they submit untruthful information or documents, in 
addition to any other penalties provided by current legislation. 
Section 15 
Sen'ice of notice and penalties 
1. If the investigation provided in section 14 reveals infringements of sections 2 or 3, the Authority 
shall set a deadline within which the undertakings and entities concerned are to remedy the 
infringements. In the most serious cases it may decide, depending on the gravity and the duration of 
the infringement, to impose a fine of no less than one per cent and no more than ten per cent of the IP/N/l/ITA/O/l 
Page 8 
Law No. 287, of 10th October 1990 
turnover of each undertaking or entity during the prior financial year from the products forming the 
subject-matter of the agreement or the abuse of a dominant position; time limits shall be laid down 
within which the undertaking shall pay the penalty. 
2. In the case of non-compliance with the notice referred to in subsection (1), the Authority shall 
impose a fine of up to ten per cent of the turnover or, in cases where the penalty provided by 
subsection (1) has already been imposed, a fine of no less than double the penalty already imposed 
with a ceiling often per cent of the turnover as defined in subsection (1). It shall also set a time limit 
for the payment of the fine. In cases of repeated non-compliance, the Authority may decide to order 
the undertaking to suspend activities for up to 30 days. 
Chapter III 
THE AUTHORlTY'S POWERS TO PROHIBIT CONCENTRATIONS 
Section 16 
Notification of concentrations 
1. The concentrations referred to in section 5 shall be notified in advance to the Authority if the 
combined aggregate domestic turnover of all the undertakings concerned exceeds L. 500 billion or if 
the aggregate domestic turnover of the undertaking which is to be acquired exceeds L. 50 billion. 
These figures shall be increased each year by an amount equivalent to the increase in GDP price 
deflator index. 
2. In the case of banks and financial institutions the turnover used shall be equal to the value of 
one-tenth of their total assets, with the exclusion of memorandum accounts and, in the case of 
insurance companies, to the value of premiums collected. 
3. Within five days of receiving notification of a concentration, the Authority shall inform the Prime 
Minister and the Minister of Trade and Industry. 
4. If the Authority considers that a concentration may be subject to prohibition under section 6, within 
30 days of receiving the notification or of being informed thereof by any other means, it shall 
commence the investigations pursuant to the provisions of section 14. When formal notification is 
received of a concentration in respect of which the Authority deems the investigation unnecessary, it 
shall notifY the undertakings and the Minister of Trade and Industry of its conclusions on this matter, 
within 30 days of receiving notification. 
5. When notification is given to the 'Commissione Nazionale per le Societa e la Borsa' of any public 
takeover bid which might result in a concentration subject to notification under subsection (1) the 
Authority shall be notified thereof at the same time. 
6. With 15 days of receiving notification of a takeover bid pursuant to subsection (5), the Authority 
shall give notice that the investigation is being initiated and shall inform the Commissione Nazionale 
per le Societa e la Borsa at the same time. 
7. The Authority may commence the investigation beyond the time limits provided by this section 
when the information notified by the undertakings is seriously inaccurate, incomplete or untrue. 
8. Within 45 days of the commencing of the investigation provided in this section, the Authority shall 
notifY the undertakings concerned, and the Minister of Trade and Industry of its conclusions. This 
period may be extended in the course of the investigation for a further period of not more than 30 days 
whenever the undertakings fail to supply the information and the data in their possession upon request. Law No. 287, of 10th October 1990 
Section 17 
Temporary suspension of a concentration IP/N/lIITA/O/1 
Page 9 
1. When conducting the investigation provided in section 16, the Authority may order the 
undertakings concerned not to proceed with the concentration until the investigation is concluded. 
2. The provisions of subsection (1) shall not suspend a takeover bid that has been notified to the 
Authority under section 14(5), provided that the acquirer does not exercise any voting rights conferred 
by the securities in question. 
Section 18 
Conclusion o/investigations of concentrations 
1. If, following the investigation provided by section 16, the Authority ascertains that a concentration 
falls within the scope of section 6 of this Act, it shall prohibit it. 
2. When the investigation produces insufficient evidence to justify action to be taken in respect of a 
concentration, the Authority shall close the investigation and immediately inform the undertakings 
concerned and the Minister of Trade and Industry of its conclusions. This measure may also be taken 
at the request of the undertakings concerned, if they are able to demonstrate that any aspects of the 
concentration deemed likely to distort competition as originally planned have since been removed. 
3. If the concentration has already taken place, the Authority may require measures to be taken in 
order to restore conditions of effective competition, and remove any effects that distort it. 
Section 19 
Fines for failure to comply with the prohibition on concentrations or the notification requirement 
1. The Authority shall impose administrative fines on undertakings which implement a concentration in 
violation of the prohibition provided by section 18(1) or which fail to comply with the instructions 
issued pursuant to section 18(3), ranging from a minimum of one per cent to a maximum of ten per 
cent of the turnover of the business forming the object of the concentration. 
2. The Authority may impose administrative fines on undertakings which fail to comply with the prior 
notification requirements provided by section 16( 1) in the amount of one per cent of the turnover of 
the year prior to the year in which the undertaking is challenged, over and above any other penalties 
for which it may be liable under subsection (1), following the investigation provided by Title Ill, 
counted from the date on which the penalty referred provided by this subsection is notified. 
Chapter IV 
SPECIAL PROVISIONS 
Section 20 
Banks, insurance companies and the broadcasting and publishing undertakings 
1. With respect to broadcasting and publishing undertakings, the provisions of sections 2, 3, 4 and 6 
shall be enforced by the statutory Authority instituted to supervise the broadcasting and publishing 
industries. 
2. With respect to banks, the provisions of sections 2, 3, 4 and 6 shall be enforced by their own 
supervisory authority. IP/N/1/ITA/O/1 
Page 10 
Law No. 287, of 10th October 1990 
3. Measures by the supervisory authorities referred to in subsections (1) and (2) to enforce the 
provisions of sections 2, 3, 4 and 6 ofthis Act shall be adopted after hearing the opinion of the 
Competition Authority within the meaning of section 10, which shall be issued within 30 days of 
receiving the documentation on which the measure is based. If the opinion is not issued within 30 
days, the supervisory authorities may adopt the measures for which they are empowered. 
4. In the case of operations involving insurance companies, the measures shall be adopted by the 
Authority within the meaning of section 10 after hearing the opinion ofIstituto per la VigiIanza suIle 
Assicurazioni Private e d'lnteresse CoIIettivo (ISV AP), which shall be issued within 30 days of 
receiving the documentation on which the measure is based. If the opinion is not issued within 30 
days, the Authority within the meaning of section 10 may adopt the measures for which it is 
empowered. 
5. The statutory authority for the supervision of banks may also waive the prohibition provided by 
section 2 authorizing agreements to proceed for a limited period in order to guarantee the stability of 
the monetary system, in accordance with the criteria provided by section 4(1). Such authorization shall 
be adopted by agreement with the Authority within the meaning of section 10, which shall judge 
whether or not the agreement impedes competition. 
6. The Authority referred to in section 10 may notify the supervisory authorities referred to in 
subsections (1) and (2) above of any cases of possible infringement of sections 2 and 3. 
7. As an exception to the provisions of the preceding subsections, where the agreement, abuse of a 
dominant position or concentration relate to undertakings operating in sectors falling within the 
competence of more than one Authority, each of those authorities may adopt measures falling within 
its competence. 
8. The supervisory authorities referred to in this section shall follow the same procedures provided for 
the Authority within the meaning of section 10. 
9. The provisions of this Act governing concentrations do not constitute a derogation from the 
statutory provisions in force governing banking, insurance, broadcasting and publishing. 
TITLEll 
THE AUTHORITY'S FACT-FINDING AND CONSULTATIVE POWERS 
Section 21 
Powers to notify Parliament and the Government 
1. In order to contribute to more effective protection of competition and the market, the Authority 
shall identify cases of partiCular relevance in which the provisions of law or regulations or general 
administrative provisions are creating distortions to competition or to the sound operation of the 
market which are not justified by the requirements of general interest. 
2. The Authority shaH notify Parliament and the Prime Minister of any distortions arising as a result of 
legislative measures, and the Prime Minister, other relevant ministers, and the relevant local authorities 
of distortions arising in any other cases. . 
3. At its discretion, the Authority shall issue an opinion on any measures needed to remove or prevent 
distortions, and it may also publish the cases notified and the opinions as appropriate according to the 
nature and the importance of the distortions. Law No. 287, of 10th October 1990 
Section 22 
Consultation activities IP/N/l/ITA/O/1 
Page 11 
1. The Authority may express opinions on legislation or regulations and on problems relating to 
competition and the market whenever it deems this appropriate or whenever requested to do so by the 
government departments and agencies concerned. The Prime Minister may also request the opinion of 
the Authority in relation to legislation or regulations whose direct effect is: 
-to place quantitative restrictions on the exercise of an activity or access to a market: 
-to lay down exclusive rights in certain business areas; 
-to impose general pricing practices or conditions of sale. 
Section 23 
Annual report 
1. By 30th April of each year the Authority shall submit a report to the Prime Minister on its activities 
during the preceding year. The Prime Minister shall submit the report to Parliament within thirty days 
thereafter. 
Section 24 
Report to the Government on certain sectors 
1. After consulting the relevant government departments, within 18 months of its constitution the 
Authority shall submit a report to the Prime Minister on the steps that must be taken in order to adapt 
the legislation relating to public tenders, public franchise-holders and commercial distribution to the 
principles of competition. 
TITLE IV 
PROVISIONS ON GOVERNMENT POWERS OVER CONCENTRATIONS 
Section 25 
Government powers over concentrations 
1. The Council of Ministers shall, at the proposal of the Minister for Trade and Industry, lay down the 
general criteria to be used by the Authority when issuing authorization as a waiver to the prohibitions 
provided by section 6 of the law, when major general interests of the national economy are involved in 
the process of European integration, provided that competition is not eliminated from the market or 
restricted to an extent that is not strictly justified by the aforementioned general interests. In all these 
cases the Authority shall also prescribe the measures to be adopted in order to restore full competition 
by a specific deadline. 
2. In the case of the concentrations referred to in section 16 involving entities or undertakings of 
countries which do not protect the independence of bodies or undertakings under provisions having an 
equivalent effect to those given in the Titles above, or apply discriminatory provisions or impose 
clauses having similar effects in relation to acquisitions by Italian undertakings or entities, the Prime 
Minister may, within 30 days of the notification referred to in section 16(3) and acting on a resolution 
of the Council of Ministers, proposed by the Minister of Trade and Industry, prohibit the 
concentration on the grounds that it is against the essential national economic interests. IP/N/l/ITA/O/1 
Page 12 
Law No. 287, of 10th October 1990 
Section 26 
Publication of decisions 
1. The decisions referred to in sections 15, 16, 18, 19 and 25 shall be published within 20 days in a 
special bulletin issued by the Prime Minister's Office. The findings of the investigations provided by in 
section 12(2) shall also be published in this bulletin, if the Authority deems this appropriate. 
TITLE VI 
FINAL PROVISIONS 
Section 31 
Penalities 
1. The administrative fines for infringements of this Act are provided, where applicable, by Chapter I, 
Parts I and II of Law No. 689 of24 November 1981. 
Section 32 
Financial cover 
1. The cost of enforcing this Act, assessed at 20 billion lire for 1990, 32 billion lire for 1991, and 35 
billion lire for 1992, shall be covered by a matching reduction in the allocation to heading 6856 of 
Ministry of the Treasury 1990 budget under the three-year budget for 1990-1992, using the specific 
provision "For the protection of competition and the market". 
Section 33 
Jurisdiction 
1. Appeals against administrative measures adopted under the provisions of Titles I to IV of this Act 
fall within the exclusive jurisdiction ofthe administrative courts. They must be filed before the Latium 
Region Administrative Court. 
2. Annulment proceedings and claims for damages, and petitions for emergency measures to be 
adopted in respect of infringements of the provisions of Titles I to IV, must be filed before the Court 
of Appeal having jurisdiction over the place. 
Section 34 
Entry into force 
1. This Act shall come into force on the day following the date of publication in the Official Gazette of 
the Italian Republic. 
It shall be entered into the Statute Book, bearing the Seal of State, and is binding on all and shall be 
enforced as the law of the land. 