News and Press

ARERA - misure urgenti in materia di erogazione dei servizi di trasporto dell'energia elettrica e di distribuzione del gas naturale

Con delibera 116/2020/R/com, assunta il 2 aprile 2020 e pubblicata in data odierna, l’Autorità di Regolazione per Energia Reti e Ambiente (“ARERA”) ha deliberato alcune disposizioni urgenti in materia di pagamento delle fatture per il servizio di trasporto dell'energia elettrica e del gas naturale e di garanzie annesse ai relativi contratti di trasporto, nonché introdotto una temporanea rimodulazione degli obblighi di versamento degli oneri generali di sistema a carico dei distributori di energia elettrica e gas naturale.
 

Nello specifico, per gli utenti del servizio di trasporto di energia elettrica con contratto attivo si prevede:
- per le fatture del servizio di trasporto con scadenza nel mese di aprile 2020, la sospensione della disciplina degli inadempimenti connessi al pagamento di cui all'art. 5.1 dell'All. B) al c.d. Codice di Rete (delibera 268/2015/R/eel), a condizione che sia stato versato almeno il 70% del totale fatturato con riferimento ai punti di prelievo alimentati in bassa tensione;
- per le fatture del servizio di trasporto con scadenza tra il 10 marzo e il 31 marzo 2020, l'estensione di 15 giorni dei termini di sollecito e diffida previsti dagli artt. 5.1 e 5.2 dell'All. B) al Codice di Rete;
- in materia di gestione delle garanzie annesse ai contratti di trasporto, al fine della determinazione del requisito di regolarità dei pagamenti previsto dall'art. 2.5 dell'Allegato B) al Codice di Rete, la mancata presa in considerazione dei ritardi verificatisi nel mese di aprile 2020;
- ancora in materia di gestione delle garanzie annesse ai contratti di trasporto, l’allungamento dei termini di rinnovo delle garanzie annesse al contratto di trasporto (fino al terzo mese antecedente la scadenza della relativa garanzia) e l’estensione di 15 giorni lavorativi del termine per provvedere alla maggiorazione e alla prestazione di garanzia ai sensi degli artt. 3.2 e 4.8 dell’Allegato B al Codice di Rete;

- in caso di attuale pendenza di richieste di adeguamento, rinnovo, maggiorazione della garanzia ovvero di sollecito, diffida e risoluzione contrattuale, l’estensione di 15 giorni lavorativi del termine per adempiere o per la produzione degli effetti della risoluzione contrattuale;
- previsioni volte a “congelare”, a determinate condizioni, gli effetti di eventuali downgrade del livello di rating detenuto dall’utente del servizio di trasporto di energia elettrica o dalla sua società controllante;
 
Analoghe misure sono state previste per gli utenti del servizio di trasporto di gas naturale.

Infine, per le società distributrici di energia elettrica e di gas naturale è stata prevista la facoltà di avvalersi, di una riduzione degli importi da corrispondere al GSE e a CSEA a titolo di oneri generali di sistema (pari, nella specie, per i distributori di energia elettrica e limitatamente ai punti di prelievo alimentati in bassa tensione, al maggiore tra l’80% del fatturato mensile con scadenza ad aprile e la quota effettivamente incassata del medesimo fatturato, nel caso dei distributori di gas naturale al maggiore tra il 90% del fatturato mensile con scadenza ad aprile e la quota effettivamente incassata del medesimo fatturato).

È possibile consultare il testo completo della delibera al seguente link

https://arera.it/it/docs/20/116-20.htm

 

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Covid-19 e Crisi d'impresa

Alert su Covid-19 e Crisi d’impresa in allegato.

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The Italian Competition Authority opens several investigations on e-commerce practices related to the marketing of Covid19-related products

Following the outbreak of Covid-19 epidemics and the emergency state declared in the Italian territory, the Italian Competition Authority (“ICA”) is intervening against commercial practices allegedly in breach of the Italian Consumer Code, notably in the sale of drugs and products against Coronavirus.

For instance, on 12 March 2020 the ICA opened proceedings against the companies managing the Amazon and Ebay e-commerce platforms, with regard to the marketing of hand sanitizers and disposable respiratory protection masks. Specifically, these proceedings aim at verifying whether the claims of alleged effectiveness of these products against Coronavirus and their remarkable price increase recently recorded on the e-commerce platforms may be in breach of the prohibition of unfair commercial practices under the Italian Consumer Code (Legislative Decree no. 206 of 2005).
The opening of these investigations follows the requests of information sent to these online platforms operators on 27 February 2020 as a result of several complaints lodged by individuals and consumer protection associations. The e-commerce operators had to reply within three days from the receipt of these requests of information, informing the ICA about the measures adopted to eliminate potentially misleading advertising claims as well as to prevent unjustified and disproportionate price increases of the aforesaid products marketed through their platforms. The measures communicated apparently did not meet the ICA’s expectations, which consequently opened the investigations: the ICA could eventually forbid the conducts at stake and sanction the e-commerce operators with a fine of up to 5 million Euros.
With its decision of 17 March 2020 the ICA has resolved, by way of interim measures, to suspend the online marketing and sale of the generic drug Kaletra and to temporarily block the access to the related website https://farmacocoronavirus.it, managed by an individual. The drug, containing the active principles of an anti-viral drug used for healing HIV, was sold at the price of 634.44 Euros and was marketed as the “sole drug against Coronavirus (Covid-19)” and “the sole remedy to fight Coronavirus (Covid-19)” .
ICA deemed, on a prima facie assessment, that these claims were deceptive for consumers insofar as they did not specify that the purchase of these drugs be subject to medical prescription and considered that the scientific community has found no drug conclusively effective against Coronavirus at this stage.
In addition, the marketing of this drug has been deemed prima facie aggressive because it would be able to affect the commercial conducts of the consumers in the context of the alarm raised by the rising spread of the epidemic in the national territory.
On 30 March 2020 the ICA issued two additional interim decisions (with annexed opening of proceedings) against the online marketing of the drug Kaletra, suspending the access to the websites https://farmaciamaschile.it and http://farmacia-generica.it
In the meantime, additional interim decisions and start of proceedings have been adopted with regard to:
- the claims on the preventive effectiveness against Covid-19 of detergents, cosmetics and supplements advertised and marketed both on the website https://carlitashop.come and on the associated Instagram page (22 March 2020);
- the advertising and marketing of a so-called “Rapid Test COVID-19” at the price of 24.86 Euros on the website http://testcoronavirus.shop/it, which, as a result, has been temporarily shut down (22 March 2020);
- the claims on the preventive and therapeutic effectiveness against Covid-19 of the products advertised and marketed on the website www.oxystore.it , specifically consisting of a kit for oxygen therapy (30 March 2020).
Finally, it is worth noting that on 22 March 2020 the ICA has also ordered interim measures against the website www.gofundme.com , which operates a crowdfunding platform for the collection of funds for charitable purposes. This decision appears connected to the current Covid-19 emergency insofar as the platform has become popular and widely used by consumers for donations to hospitals and hospital wards located in the areas most affected by the current health crisis.
In this latter case, however, the ICA suspended the conduct on different grounds compared to those underlying the abovementioned decisions. More in detail, in the ICA’s view, the platform would have promoted its services as provided on a free basis while actually:
- charging a fee for any transaction by credit or debit card; and
- pre-selecting a percentage fee to be charged for each transaction (usually amounting to 10% of the donated sum), that the consumer may reduce or exclude only by opting-out.
As a result, the ICA ordered the platform to change the pre-selected percentage fee to zero, while providing the possibility for the consumers to change this specification and thus subjecting the possibility to leave a fee to an opt-in mechanism.

The decisions summarized above confirm the declared intent of the ICA to focus its supervision on exploitative practices of the current emergence in the e-commerce sector; a sector of particular importance in the current moment, also due to the reduced activity of other kinds of businesses, such as the traditional “brick and mortar” shops, which are now mostly closed as a measure to counteract the spread of the virus.

The press releases (in English) of the ICA’s decisions commented above are available under https://en.agcm.it/en/media/press-releases/ 

 
 

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COVID-19 IMPACT ON THE PERFORMANCE OF AGREEMENTS

The measures set out by the Italian Government to contrast the Covid-19 pandemic have a direct impact on the performance of companies and enterprises’ agreements given that their activities have often been interrupted or suspended.

 

The possible measures to be adopted with respect to the specific agreements require a case by case analysis, taking into account the type of agreement, the areas in which the company operates, the performance milestones reached and the parties’ interest in the prosecution of the contractual relationship.

Below is an overview of the instruments which may be available both under Italian law and under the relevant agreement to avoid possible litigation.

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Rino Caiazzo wins before the Court of Cassation for Gala and Aiget

Rino Caiazzo (in the picture), assisted by Enrico Di Tomaso, of the law firm Caiazzo Donnini Pappalardo & Associati, together with Prof. Federico Tedeschini, assisted by Grazia Gaspari, have successfully defended before the Plenary Session of the Court of Cassation Gala Spa (and Rino Caiazzo also AIGET - Associazione Italiana di Grossisti di Energia e Trader)

in the case started by the company e-distribuzione (ENEL) against the judgment n. 5620/2017 of the State Council that had confirmed the annulment of Resolution 268/2015/R/eel of the Autorità per l’energia elettrica (ARERA) concerning the “Codice di rete tipo per il servizio di trasporto dell’energia elettrica: disposizioni in merito alle garanzie contrattuali ed alla fatturazione del servizio” (rules on the electricity transportation service) with regard to the obligation of the traders to provide guarantees to the distributors also for the payment of the so called “oneri di sistema” (levies utilized by the State for interventions of public interest), even in case of non payment by the final client, since such levies bear upon  the final clients in respect to their energy consumptions, by adding that ARERA does not have the power to intervene in the contracts between traders and distributors as to obligations and levies that the law charges upon third parties ((therefore out of the scope and subject matter of the electricity transportation contracts).

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Caiazzo Donnini Pappalardo assisted Intralot in the sale of its shareholding in Gamenet

Caiazzo Donnini Pappalardo, with Roberto Donnini (in the picture), Alessandro Pilarski and Silvana De Lauretis, assisted Intralot, leading multinational provider of services and systems for public betting and gaming, in the sale of its shareholding in Gamenet Group S.p.A, an Italian company listed on the MTA of Borsa Italian and one of the main concessionaires in Italy for betting, gaming and newslots.

 

Intralot entered into a share purchase agreement for the sale to the private equity fund Apollo Management of its entire participation in Gamenet Group, at a price of Euro 12,5 per share.

Closing of the transaction is subject to certain conditions precedent (among which clearance from Antitrust and Amministrazione delle Dogane e dei Monopoli). Upon closing, the buyer will launch its public tender for all the shares of Gament Group. 

Paul, Weiss, Rifkind, Wharton & Garrison LLP, with Ramy Wahbeh and Pelin Demirdere Eski, and Latham & Watkins LLP, with Stefano Sciolla, Giorgia Lugli and Guido Bartolomei have assisted Apollo.

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Crediti deteriorati: come stanno andando le GACS

Newsletter Zenith Service , 3 July 2019

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Caiazzo Donnini Pappalardo assisted C.H. Robinson with the acquisition of Dema Service S.p.A.

 

 

Caiazzo Donnini Pappalardo, with a team made up by Alessandro Pilarski (in the picture), Edoardo De Carlo and Silvana De Lauretis, together with Roberto Donnini, assisted C.H. Robinson with the acquisition of Dema Service S.p.A.

C.H. Robinson is one of the world’s largest third-party logistics providers, managing services for more than 124,000 customers and 76,000 active contract carriers, through its integrated network of offices and more than 15,000 employees. Headquartered in Eden Prairie, Minnesota, C.H. Robinson has been publicly traded on the NASDAQ since 1997.

Dema Service, founded in 2004 and based in Chieti, is a leading provider of truck brokerage in Europe, providing also freight forwarding and other logistics services.

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CDP assists Orizzonte Solare in the disinvestment of two photovoltaic plants

The law firm Caiazzo, Donnini Pappalardo & Associati with a team coordinated by Roberto Donnini (in the picture)  and made up by counsel Alessandro Pilarski and associates Federica Milazzo and Marta Mastroeni, assisted Orizzonte Solare – controlled by Fondo Sistema Infrastrutture of HAT Orizzonte SGR S.p.A. – in the sale of two photovotaic portfolios with an overall installed electric power of 10,6 MW, placed in the provinces of Brindisi and Foggia.

The plants have been acquired by Green Arrow Capital S.p.A., assisted by the law firm Gianni, Origoni, Grippo, Cappelli & Partners, with a team lead by partner Raffaele Tronci and made up by counsel Angelo Crisafulli and associates Niccolò Antongiulio Romano and Michela Maresca. The regulatory and administrative aspects of the acquisition have been followed for Green Arrow by Andrea Sticchi Damiani.

The law firm has also assisted Orizzonte Solare in the concurrent reimbursement of the project finance granted by two different pools of banks to the owner of the plants, i.e. Brindisi Solare S.r.l. and Raggio di Puglia S.r.l.
 
The acquisition was made on behalf of Radiant Fund, a Luxembourg platform of which Green Arrow Capital is General Partner, through Renewable European Investment 4 – REI IV S.r.l., a vehicle dedicated to renewable energy infrastructures.

 

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Caiazzo Donnini Pappalardo & Associati with Hitachi in the Siemens/Alstom merger case

Caiazzo Donnini Pappalardo & Associati assisted Ansaldo STS and Hitachi Rail Italy before the EU Commission in the procedure for the appraisal of the Siemens/Alstom proposed merger, that resulted in the prohibition of the transaction.

 

 

Ansaldo STS and Hitachi Rail Italy were recognised as interested third persons in the merger case due to the fact that they are direct competitors of Siemens and Alstom in the various relevant markets affected by the envisaged concentration (falling within the railway signaling and rolling stock sectors).

The companies were advised by a team led by partner Rino Caiazzo and including counsel Daniele Pilla, associate Enrico Di Tomaso and trainee Cecilia Solato.

Coordination of the respective in-house teams was led by Filippo Corsi (Senior Vice President, General Counsel and Chief Compliance Officer) and Cristiano Crinisio (Head of CEO Office) for Ansaldo STS, and by Sergio Paolini (General Counsel, Senior Vice President Legal, Corporate and Compliance) and Pierfrancesco Garimberti (Vice President Strategies & Project Financing Strategies, Sales & Program Management) for Hitachi Rail Italy.

The transaction envisaged to merge the two major European players of the railway sector through the combination of the  Siemens AG Mobility Division and Alstom SA, resulting in the creation of an entity – subject to Siemens AG sole control – holding a dominant position in certain signaling markets and in the market for very high-speed trains.

During the investigation the Commission raised various competition concerns in relation to the notified transaction, regarded as potentially leading to significant impediment to effective competition in the relevant markets within which, following the merger, the competitive pressure from remaining competitors would not have been sufficient to ensure effective competition.

In order to address the objections raised by the Commission, Siemens and Alstom had submitted a proposal of remedies that, however, the Commission deemed as not sufficient to eliminate the concerns that the transaction would result in a significant impediment to effective competition.

 

 

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The Italian Competiion Authority sanctioned some companies of Enel group and Acea group for abusive conducts

With decisions of 20 December 2018, the Italian Competition Authority (“AGCM”) sanctioned some companies of Enel group and Acea group for abusive conducts in the local markets of retail sale of electricity.

The conducts which were sanctioned concern the unlawful exploitation of entitlements and information for the purpose of gradually transferring the group customers currently served under the regulated regime (servizio di maggior tutela) to the liberalized market. On the same date, AGCM dropped a similar accusation and closed an investigation against A2A group.

CDP Studio Legale, with the partner Rino Caiazzo and the associate Enrico Di Tomaso, represented and assisted some energy companies which intervened in the proceedings to support the AGCM investigation.

The press release, with reference to the final decisions, is available at the following link
http://www.agcm.it/media/dettaglio?id=af75d960-b5cc-414a-b37c-18813e7cf4c8

Fonte: AGCM

On the occasion of the IBA Annual Conference – Rome 2018 the Partners of Caiazzo Donnini Pappalardo & Associati welcomed colleagues from all over the world following the footsteps of one of the greatest lawyers of all times

Our home town Rome is often referred to as a cradle of Western civilization due to the very important role it played in politics, sciences, philosophy, architecture, art and, last but not least, law. An important figure representing this cradle during the 1st century B.C. was the Roman lawyer, statesman, orator, writer, and philosopher Marcus Tullius Cicero...

Our home town Rome is often referred to as a cradle of Western civilization due to the very important role it played in politics, sciences, philosophy, architecture, art and, last but not least, law. An important figure representing this cradle during the 1st century B.C. was the Roman lawyer, statesman, orator, writer, and philosopher Marcus Tullius Cicero.

On the occasion of the IBA Annual Conference – Rome 2018 the Partners of Caiazzo Donnini Pappalardo & Associati had the pleasure of welcoming colleagues from all over the world for a guided tour at the Forum Romanum that was organized in honor of the legal profession and which followed the footsteps of one of the greatest lawyers of all times: Marcus Tullius Cicero. Sandrina Bokhorst and Raphael Hunsucker of Persoonlijk Rome, being graduates in classical and societal history and Latin language and culture, illustrated the legal profession in Roman times, using as a basis Cicero’s fascinating career, and bringing us to locations at the Forum Romanum that were crucial for the Roman administration of justice.

 

Rome, 15 October 2018

On the occasion of the IBA Annual Conference CDP law firm hosts a breakfast of IBA members and ex alumni LSE

The members of International Bar Association (IBA) ex alumni of the London School of Economics and Political Science (LSE) have met at Caiazzo Donnini Pappalardo premises in Rome for a business breakfast. During the event Mr. Angelo Cardani, Chairman of the Italian Regulatory Authority for Communications (AGCOM) and ex alumno LSE,

gave a speech about “The regulatory intervention on Big Data, between competitive dynamics and informative pluralism”.

 

 

Caiazzo, Donnini e Pappalardo with PwC TLS Avvocati e Commercialisti and Studio SLVB for the Gamenet-Goldbet closing.

Caiazzo Donnini Pappalardo with a team composed of partner Roberto Donnini (see photo), counsels Alessandro Pilarski and Daniele Pilla, senior associate Edoardo De Carlo and associates Silvana De Lauretis and Federica Milazzo assisted Gamenet in today's closing on the acquisition of 100% of GoldBet's capital, for a consideration of 273 million euros.

Giuliano Foglia and Matteo Carfagnini of Studio Foglia & Partners assisted Gamenet on tax issues. Attorneys Andrea Lensi Orlandi and Daniele Landi, with Mr. Angelo Conte, who is an expert in tax law, for Studio PwC TLS’s Rome based M&A team and Professor Augusto Dossena and attorney Giulio Marinelli for Studio SLVB, have jointly assisted the Seller. Messrs. Kevin Tempestini and William De Ascaniis of KT & Partners acted as financial advisors for the Seller, the PwC Transaction Services team and Studio PwC TLS took care of the vendor due diligence.
The closing process has been completed after certain condition precedents had been fulfilled, including the clearance of the Antitrust Authority and the Monopolies Agency.
Gamenet and Goldbet, both leading players in the public gaming sector, thus create the first Italian operator in the collection of sport bets.
 

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IBA Annual Conference 2018: Rino Caiazzo speaks on abuse of dominance in hi-tech markets

In his presentation, on 8 October, Mr Caiazzo, after a short analisys of the remedies deployed in the most relevant cases before the Italian Competition Authority (ICA), the European Commission and in the US, he focused on the approach adopted in the actual context, characterized by the rapidity of the technological innovation.

 

In addition to Mr Caiazzo (former Officer of the Antitrust Section), the other speakers were Gabriella Muscolo (Italian Competition Authority, Rome), Nicolas Banasevic (European Commission, Brussels),  Peter Steyn (Werksmans Attorneys, Johannersburg, Vice Chair African Regional forum. The session was chaired byThomas Janssens (Freshfields Bruckhaus Deringer, Brussels, Senior Vice Chair Antitrust Section) and moderated by Samantha Mobley (Baker&McKenzie, London, Vice President Antitrust Section).

Slides attached.

IBA Annual Conference, Rome 2018, 7 October 2018

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CDP with Luthech in the acquisition of CDM Tecnoconsulting SpA

Caiazzo Donnini Pappalardo, with a team made up by counsel Alessandro Pilarski (in the picture), associate Silvana De Lauretis, together with partner Roberto Donnini, assisted Lutech SpA, the company leading the Italian investments of private equity fund One Equity Partners in the IT industry, with the acquisition of the entire corporate capital of CDM Tecnoconsulting SpA, Pivotal Srl and Cimworks SL (a Spanish company).

The Sellers have been assisted by AvvocatidiImpresa, with a team made up by partner Alberto Calvi di Coenzo and junior partner Rosanna Frischetto.  Leonardo Adamo, of the law firm Garrigues, for Lutech, and Nerea Castell Larralde, of the law firm J&M, for the sellers, followed for the Spanish law aspects.
CDM is active in the ICT (Information and Communication Technology) industry, mainly in the manufactory industry and in Product Lifecycle Management (PLM), IoT, ERP solutions.
 

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CDP with Lutech in the acquisition of ICTeam


Caiazzo Donnini Pappalardo, with a team composed by the partner Roberto Donnini (in the picture), the senior associate Edoardo De Carlo and the associate Federica Milazzo, assisted Lutech SpA

the company leading the Italian investments of private equity fund One Equity Partners in the IT industry, with the acquisition of the entire corporate capital of ICTeam SpA. The Sellers have been assisted by Pavia e Ansaldo, with a team composed by Francesco Manara and Paola Carlotti for M&A corporate and contractual aspects, Enrico Banchero for labour law aspects, Federico Cavazza for real estate matters, supported by Fabrizio Smiroldo. Marco Lanza e Laura Braga, Biscozzi Nobili firm, assisted the Sellers with the financial and fiscal aspects of the transaction.
ICTeam is active in the ICT (Information and Communication Technology) industry, mainly in “Big Data” and “Business Intelligence” (data analysis) areas.
 
 

CDP e Associati and Foglia&Partners with Gamenet in the acquisition of Goldbet

Caiazzo Donnini Pappalardo & Associati and Foglia & Partners assisted Gamenet Group, a company listed on the STAR segment of the Mercato Telematico Azionario organized and managed by Borsa italiana S.p.A., in the acquisition of 100% of the share capital of Goldbet, an authorized gaming and betting  company in Italy, by it subsidiary Gamenet S.p.A. The value of the acquisition is Euro 265 million (enterprise value).

CDP e Associati followed the civil and corporate law aspects of the transaction with a team consisting of partner Roberto Donnini (in the picture), counsel Alessandro Pilarski and associates Edoardo De Carlo, Silvana De Lauretis and Federica Milazzo.

Foglia & Partners dealt with the financing and tax aspects of the acquisition with a team consisting of partners Giuliano Foglia and Matteo Carfagnini, assisted by associates Marco Poziello and Francesco Capogrossi.

Legalcommunity, 23 July 2018
Fonte: Legalcommunity

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CDP in the AGCM go-ahead to the Raiffeisen Group

Rino Caiazzo (in the picture), assisted by Daniele Pilla and Enrico Di Tomaso, together with Emanuele Cusa of Macchi di Cellere Gangemi, have advised Cassa Centrale Raiffeisen dell’Alto Adige S.p.A. in the filing with the Italian Competition Authority (AGCM) of the concentration consisting in the creation of the banking group named Gruppo Bancario Cooperativo delle Casse Raiffeisen (Gruppo Raiffeisen).

 

This is the first transaction following the reform of the cooperative banks enacted in 2016 and, as such, required a complex and challenging analysis. 
Following the notification, the AGCM resolved to start an in-depth investigation alleging that on some markets Gruppo Raiffeisen might have held a dominant position potentially harmful for competition, due to the resulting overall high market shares in the territory of the province of Bolzano, divided in catchment areas identified on the basis of a maximum travelling time of 30 minutes.
However, at the end of a long investigation and following a Statement of Objections and a final hearing on the case, the AGCM unconditionally cleared the concentration, in light of the peculiar structure and functions of the banks involved and of the context in which they operate, as well as of the rationalizations and efficiencies for the consumers that will likely result from the transaction.
 dell’Economia a sostegno degli investimenti nell’innovazione (Italian risk sharing initiative), destinata a finanziare i progetti in ricerca, sviluppo e innovazione.
 

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Rino Caiazzo wins for Gala and Aiget before the State Council

Prof. Federico Tedeschini, assisted by Grazia Gaspari, and Rino Caiazzo (in the picture), assisted by Enrico Di Tomaso, the latters of the law firm Caiazzo Donnini Pappalardo & Associati, have successfully defended before the State Council (Consiglio di Stato) Gala Spa (and Rino Caiazzo also AIGET - Associazione Italiana di Grossisti di Energia e Trader) in the case of the appeals filed by the energy regulator, Autorità per l’energia elettrica, il gas e il sistema idrico (AEEGSI) and e-distribuzione Spa against the judgments issued by Tar Lombardia last January whereby  the AEEGSI Resolution 268/2015/R/eel concerning the “Codice di rete tipo per il servizio di trasporto dell’energia elettrica: disposizioni in merito alle garanzie contrattuali ed alla fatturazione del servizio” (rules on the electricity transportation service) had been partially annulled.

The State Council has rejected the appeals and confirmed the annulment of the Resolution with regard to the obligation of the traders to provide guarantees to the distributors also for the payment of the so called “oneri di sistema” (levies utilized by the State for interventions of public interest), even in case of non payment by the final client, since such levies bear upon  the final clients in respect to their energy consumptions, by adding that AEEGSI does not have the power to intervene in the contracts between traders and distributors as to obligations and levies that the law charges upon third parties ((therefore out of the scope and subject matter of the electricity transportation contracts). The State Council has expressly mentioned that the relationships between distributors/traders/final clients is subject also to European rules (Directive 72/2009) and that the different status established by the annulled Resolution created a vulnus to the competitive capacity of the traders (citing to this purpose the related communication of the Italian Antitrust Authority of 21 July 2017).

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