Gli impegni nel diritto italiano della concorrenza: un’analisi empirica a cinque anni dalla loro introduzione

By Gabriele Mazzantini e Paola Bertoli
Commitment decisions were introduced in Italy by Law No. 248 of 2006, which added Article 14-ter to Law No. 287 of 1990. Inspired by the U.S. first, and then by the European Commission, commitment decisions were eagerly awaited in Italy, especially because they were considered an instrument through which it would have been possible to simplify antitrust procedures and address the distortions of competition identified by the Antitrust Authority more swiftly. Six years from the introduction of commitment decisions, the paper verifies whether this instrument actually brings the advantages expected and, specifically, analyzes its impact on the activity of the Competition Authority in terms of, for instance, the length of proceedings; the penalties imposed; and the disputes raised by the parties. In addition, the paper critically compares the Italian experience with EU practice and reasons on the possibility that by using commitments decisions and exploiting their flexibility and the fact that they can be agreed by the parties involved, the Antitrust authority may act as a market regulator.