Italy's competition authority – the Autorità Garante della Concorrenza e del Mercato (AGCM, Italian Competition Authority) – has intensified its enforcement posture across multiple sectors. Fines have grown substantially. Investigation timelines have shortened. Sectors previously considered peripheral to competition scrutiny now face formal proceedings.
The AGCM has broadened its enforcement activity under Italy's competition legislation, targeting market dominance abuses, cartel conduct, and failures to comply with merger notification obligations. Companies operating in Italy with combined national turnover above the statutory thresholds are subject to mandatory notification before completing transactions. Penalties for non-compliance or substantive violations can reach up to ten per cent of a group's annual worldwide turnover.
This alert identifies which business categories face the greatest exposure, outlines the applicable threshold criteria, and sets out immediate action items for international companies operating in or entering the Italian market.
What has changed: the AGCM's reinforced enforcement position
Over recent periods, the AGCM has expanded the scope and intensity of its competition enforcement in three distinct directions.
Digital and platform markets. The authority has applied competition legislation aggressively to large online platforms. Conduct that may appear standard in other jurisdictions – bundling services, preferencing proprietary products, restricting data portability – now draws scrutiny as potential market dominance abuse in Italy. The AGCM has demonstrated willingness to impose interim measures before concluding a full investigation. This compresses the window for remediation.
Cartel investigations in traditional sectors. Construction, logistics, insurance, and energy distribution have all seen formal cartel proceedings in recent cycles. The authority has used dawn raids – unannounced on-site inspections – as its primary evidence-gathering tool. Companies that have not rehearsed their dawn raid response protocols face significant evidentiary risk the moment inspectors arrive.
Merger notification enforcement. The AGCM has penalised transactions completed without prior notification, even where the substantive competitive effect was neutral. Gun-jumping – closing a notifiable deal before clearance – triggers penalties independent of whether the merger itself raised concerns. The authority has also signalled interest in below-threshold transactions where competitive effects are disproportionate to deal size.
For international companies with Italian subsidiaries, branch operations, or distribution arrangements, each of these three vectors represents a distinct compliance risk requiring a tailored response.
To receive an expert assessment of your company's competition law exposure in Italy, contact us at info@ferrazwhitmore.com.
Who is affected and what to do now
Threshold criteria for merger notification. Transactions are subject to AGCM pre-merger notification when the combined Italian turnover of all parties exceeds the thresholds set under competition legislation. Additionally. When at least two parties each meet the individual turnover threshold. These thresholds are adjusted periodically. International groups that rely on thresholds calculated at the time of a previous Italian transaction should reconfirm current figures before signing a new deal.
Business categories at elevated risk. The following categories face the most active scrutiny under the current enforcement cycle:
- Digital platforms with significant Italian user bases or revenue streams
- Companies holding market dominance in regional or national Italian markets
- Trade associations whose members coordinate on pricing, output, or market allocation
- Groups completing acquisitions of Italian targets without internal competition clearance review
- Distribution networks using exclusivity or resale price maintenance clauses
Compliance deadline. There is no single legislative deadline triggering immediate action. The risk is continuous. Each commercial decision – a pricing policy update, a new distribution agreement, a proposed acquisition – creates a fresh exposure window. The AGCM's investigative limitation period means that conduct from several years ago can still give rise to proceedings today.
Immediate action items for international companies. Based on current AGCM enforcement priorities, the following steps are recommended without delay:
- Audit all Italian distribution agreements for clauses that restrict resale prices or territorial sales
- Review whether any completed or pending acquisition triggers merger notification obligations under the current thresholds
- Assess whether any business unit holds a dominant position in a relevant Italian market and audit its commercial practices accordingly
- Verify that the company has a documented dawn raid response protocol, with named internal contacts and external counsel on standby
- Evaluate eligibility for the leniency programme if the company has information about cartel conduct involving Italian markets
The leniency programme administered by the AGCM offers full immunity or penalty reductions to companies that voluntarily disclose cartel participation. Timing is critical. Immunity is available only to the first applicant. Subsequent applicants receive graduated reductions. A company that delays whilst a co-participant files first forfeits immunity entirely.
Companies with exposure across multiple EU jurisdictions should also note that the AGCM cooperates with the European Commission and other national competition authorities through the European Competition Network. A dawn raid in one member state can trigger parallel action in Italy. For a comparative view of enforcement patterns affecting companies in Iberian markets, see our alert on competition enforcement developments in Portugal.
International businesses managing corporate disputes in Italy should also consider whether any underlying commercial conflict involves a competition dimension. the AGCM has the power to accept complaints from third parties. Additionally. A commercial counterparty can trigger a formal investigation as a tactical step in a broader dispute.
For a tailored strategy on competition compliance and AGCM proceedings in Italy, reach out to info@ferrazwhitmore.com.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our competition law practice supports international companies facing AGCM investigations, merger notification obligations, and cartel exposure in Italy. We combine Portuguese civil law expertise with English common law tradition to deliver cross-border competition advice that is both technically precise and commercially grounded. Our attorneys have advised on market dominance assessments, leniency programme applications, and dawn raid preparedness across civil law and common law systems. Engaging a lawyer in Italy or before Italian regulatory bodies with cross-border experience is critical when the AGCM's enforcement reach extends to group-level conduct across multiple jurisdictions. As an international law firm with deep knowledge of the Italian competition authority's procedures, Ferraz & Whitmore helps clients build effective compliance strategies before proceedings begin. To discuss your situation, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.