Answer ... There is no definition of a ‘cartel’ under Italian law. The closest to a definition is the wording used in the Italian Competition Authority’s Communication on Leniency Programmes 287 of 10 October 1990, which applies to ‘horizontal secret agreements’.

Answer ... See questions 1.1 and 2.1.

Answer ... Undertakings are subject to administrative penalties under Law 287/90 and possible damages claims (of a tortious nature) under Decree-Law 3/2017, which implemented the EU Damages Directive (2014/104/EC).

As a cartel constitutes an administrative offence, no criminal liability is triggered. However, individuals who are involved in bid rigging in the context of public procurement procedures may also commit a criminal offence (under Articles 353, 353-bis and 354 of the Italian Criminal Code).

The criminal liability of individuals may also be triggered by speculative conduct aimed at limiting the production or increasing the price of raw materials, food products or first-need products (Article 501-bis of the Italian Criminal Code). The sanctions include both fines and imprisonment.

Answer ... No; see question 2.3.

Answer ... To the extent that anti-competitive conduct taking place outside Italy has effects within the Italian territory or a substantial part thereof, such conduct falls within the scope of Law 287/90, or possibly Article 101 of the Treaty on the Functioning of the European Union if it affects trade between EU member states. As a consequence, such conduct may be investigated and sanctioned by the Italian Competition Authority, irrespective of the nationality of the company.

Answer ... See question 2.5. However, if companies established in Italy engage in cartel conduct affecting only foreign trade (including where the anti-competitive agreements or practices take place within Italy), this falls outside the scope of Law 287/90.

Answer ... The Italian Competition Authority cannot impose fines on conduct that ended five years prior to the adoption of the decision. In case of continuous infringement, the limitation period starts to run from the date on which the anti-competitive conduct ceases.