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- Financial regulatory news – Italy
The second issue of our newsletter focuses on some recent developments that have affected different areas of the EU and Italian regulatory framework over the last few months. Please see Publication below for more information.
- The new Italian Public Procurement Code: a (missed) revolution?
On 1 April 2023, Legislative Decree 31 March 2023, No. 36 entered into force in Italy as the new Public Procurement Code (the Code) which will apply to new public tenders from 1 July 2023 onwards. Please see Publication below for more information.
- Class Action in Europe: impact on the Italian Consumer Code
The decree implementing the EU Directive 2020/1828 was published in the Italian Official Journal, thereby introducing representative actions, a new instrument for the protection of the collective interests of consumers against breaches of European provisions. Please see Publication below for more information.
- Establishing A Business Entity In Italy (Updated)
1. Types of Business Entities - 1.1 Premises - The Italian law provides multiple forms of organizational structures in order to do business in Italy, which differ from one another due to the extent of the liability undertaken by their participants. In particular, certain business organizational forms allow the participants to limit their personal liability (such as the “società per azioni” – a type of company similar to the Joint Stock Company – or the “società a responsabilità limitata” – similar to the Limited Liability Company), as opposed to others which do not limit the liability of the participants (among which the “società semplice” and the “società in nome collettivo,” operating similarly to a partnership) or which provide for limitations to the personal liability only for certain classes of stakeholders (i.e. the “società in accomandita semplice” and “società in accomandita per azioni”). Please see full Chapter below for more information.
- Buying and Selling Real Estate in Italy (Updated)
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ITALIAN LAW - I. INTRODUCTION - This brief guide has the goal to provide legal explanation on the main aspects of the real estate transactions in Italy. II. REAL ESTATE TRANSACTIONS ACCORDING TO ITALIAN LAW - Land - There are different types of land that can be purchased, such as agricultural or building lands. Although these are always and, in any case, real estate sales, rules and taxation may vary according to the classification of the land. Please see full Chapter below for more information.
- Excessive pricing and orphan drugs: Leadiant sanctioned by the Italian Antitrust Authority
In a long-awaited decision published on 31 May 2021, the IAA found that Leadiant infringed Article 102 TFEU through a multifaceted strategy that led to it obtaining an excessive price for its CDCA Leadiant® medicine. A number of lessons can be learnt from this case. Please see full Publication below for more information.
- As the entry into force draws near, we look into the new non-possessory pledge in Italian law
In 2016 Italy introduced new forms of security, including a pledge on movable goods which would not require physical delivery to the creditor, but would take effect by way of registration in a central repository held by the tax authority (the "Registry of Non-possessory Pledges", or "RNP"). We have covered this step here. The operation of the register was laid out in secondary legislation , which has come into force in August 2021 and mandated the tax authority to put in place the IT system until April 2022, and develop the required technical specifications in the following thirty days. This new form of security holds large promises for the commodities trade, and other industries which have struggled to take collateral in Italy in the traditional forms of a pledge or special lien. It has such flexibility and potential reach that it may play a role in most types of corporate lending, and impact the process and due diligence for credit analysis and M&A activity going forward. Please see full Publication below for more information.
- Establishing A Business Entity In Italy (Updated)
1. Types of Business Entities - 1.1 Premises - The Italian law provides multiple forms of organizational structures in order to do business in Italy, which differ from one another due to the extent of the liability undertaken by their participants. In particular, certain business organizational forms allow the participants to limit their personal liability (such as the “società per azioni” – a type of company similar to the Joint Stock Company – or the “società a responsabilità limitata” – similar to the Limited Liability Company), as opposed to others which do not limit the liability of the participants (among which the “società semplice” and the “società in nome collettivo,” operating similarly to a partnership) or which provide for limitations to the personal liability only for certain classes of stakeholders (i.e. the “società in accomandita semplice” and “società in accomandita per azioni”). Most foreign investors generally enter the Italian market through the organizational structures that provide a limited liability for the participants. Discussed below are the two most common types of corporate entities that provides such limited liability, i.e. the “Società per Azioni” (“S.p.A.”) and the “Società a responsabilità limitata” (“S.r.l.”), including a simplified type of the S.r.l., the “Società a responsabilità limitata semplificata” (“S.r.l.s.”). In each of these types of corporations, in fact, the maximum extension of the shareholders’ personal liability is limited to the amount of their equity interest. Please see full Chapter below for more information.
- Guide to PNRR incentives in the tourism sector
Decree-Law no. 152 of 6 November 2021 implementing Italy’s National Recovery and Resilience Plan (the PNRR), converted into law (L. 233/2021) (the PNRR Decree-Law), introduced concrete forms of support for the tourism sector. With subsequent implementation measures (dated 23 and 28 December 2021), the Ministry of Tourism (the Ministry) published the implementing acts for the effective implementation of these forms of support. Please see full Publication below for more information.
- Corporate Governance: le novità e i temi da considerare per la stagione assembleare 2022
Le novità e i temi rilevanti per l’imminente stagione assembleare anche alla luce dell’attività di revisione del quadro normativo europeo in materia di corporate governance e delle disposizioni tuttora vigenti per l’emergenza COVID-19. ..Nuovo format per la relazione sul governo societario e gli assetti proprietari ..Il nuovo Codice di Corporate Governance ..Le tematiche ESG: i fattori ambientali, sociali e di governance ..Mantenute le modalità emergenziali di intervento in assemblea mediante mezzi di telecomunicazione ..Breve riepilogo delle ulteriori tematiche da tenere monitorate, se non già implementate nella precedente stagione assembleare ..Altri promemoria utili. Si prega di consultare l'avviso completo di seguito per ulteriori informazioni. Please see full Publication below for more information.
- Long Time Coming: United States Wins First Extradition On Antitrust Charge
On April 4, 2014, the U.S. Department of Justice (DOJ) announced its first-ever successfully litigated extradition of a foreign citizen to the United States in a federal criminal antitrust case. This was an inevitable next step in the decades-long internationalization of federal criminal antitrust...
- Compliance Programs – The Italian Competition Authority Highlights the Importance of an Effective Implementation and Update
On 19 January 2017, the Italian Competition Authority (the Authority) issued a decision concerning alleged anticompetitive agreements in the home ventilotherapy and home oxygentherapy supply services sector in Italy. The decision acknowledges the importance of implementing and updating effective...
- Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia
Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo parzialmente difforme diverse autorità antitrust e giudici nazionali. Finalmente...
- Italian Tax Reform
The Italian Government has recently approved a new decree, which reshapes the definition of abuse of law and tax avoidance and changes the rules on the statute of limitations in the event of tax crimes. The decree also introduces a cooperative compliance program to enhance relationships between...
- Le proposte di modifica al diritto societario contenute nella Legge Delega per la riforma delle discipline della crisi di impresa e dell'insolvenza
È stata pubblicata la Legge 19 ottobre 2017, n. 155, recante delega al Governo per la riforma delle discipline della crisi di impresa e dell'insolvenza (si seguito, la "Legge Delega")....
- Sale of Serie A Broadcasting Rights, the Regional Administrative Court of Lazio Annuls the Decision of the Italian Competition Authority
On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), against Sky Italia S.r.l. (Sky); Reti Televisive Italiane S.p.A. (and its subsidiary Mediaset Premium S.p.A.) (RTI); the Italian Football League (Lega...
- New Handbooks Will Clarify Market Abuse Regulation Policies in Italy
The Italian Securities Commission (CONSOB) has approved two handbooks, “Management of Inside Information” and “Investment Reccomendations,” which offer guidelines under Market Abuse Regulation no. 596/2014 (MAR) and delegated acts. These publications have implications for a range of market...
- Securitisations: the Bank of Italy establishes new disclosure and statistical obligations for vehicle companies
On 30 June 2017, the Decision of the Bank of Italy of 7 June 2017, entitled “Provisionson disclosure and statistical obligations for vehicle companies involved in securitization transactions” (the “Decision”) was published in the Official Gazette - General Series - No. 151....
- Unfair Commercial Practices – The Italian Competition Authority and The Italian Communication Authority Sign a Memorandum of Understanding
On 13 January 2017, the Italian Competition Authority (AGCM) and the Italian Communication Authority (AGCOM) signed a memorandum of understanding concerning several aspects of their cooperation in the application of consumers’ protection rules. Under the memorandum of understanding, in the case of...
- Artificial Intelligence vs Data Protection: which safeguards?
In our previous post, we addressed Artificial Intelligence (AI) data protection concerns. Here you will find some safeguards that may help to address such concerns based on EU Regulation 2016/679, General Data Protection Regulation (GDPR)....