Italian Antitrust Authority opens an investigation for a possible abuse dominant market position in the electric mobility sector 

The Italian Antitrust Authority (“AGCM”) has opened an investigation against a number of companies participating in a Corporate Group, for the implementation of potential exclusionary conduct against competitors who are not integrated, but nevertheless active in the electric mobility sector.  

In particular, the investigation concerns the activity put in place by entities operating as “CPO Charging Points”, for which a dominant position appears to be held in the markets for the installation and management of electric charging stations on the national territory. 

Source: AGCM 

EUR 20 million from PNRR allocated for electronic components and semiconductor manufacturing 

The Ministry of Enterprise and Made in Italy (“MISE”) allocated 20 million euros of PNRR resources to co-finance projects of Italian companies selected by the transnational “Key Digital Technologies Joint Undertaking” call, which supports production and innovation in the field of electronic components and semiconductors and their integration into intelligent systems. 

The stakeholders, interested in the project, must apply to both calls, one European and one national, by May 3, 2023, sending a preliminary project proposal. Those who pass both selections will be admitted to the next stage, which will involve the submission of final projects by September 19, 2023. 

Source: MISE 

The Supreme Court rules on whistleblowing and other infringements committed by whistleblower 

In Judgement No. 9148 of March 31, 2023, the Supreme Court, Labor Section, stated that the whistleblowing’s legislation safeguards the whistleblowing worker only referring to the all adverse impact that could result against him or her as a direct or indirect consequence of his or her whistleblowing.  

For the other infringements that he or she committed, instead, the whistleblower’s collaborative conduct could be appreciated, as an extenuating circumstances, only to ensure the proportionality and the accuracy of the punishment that might be imposed on him or her for that acts. 

Source: DeJure 

AGCM launches an investigation for possible abuse of economic dependence in the field of music rights  

The AGCM has opened an investigation against a company operating as a well-known social network to ascertain an eventual abuse of economic dependence, in which that company would take benefit from the existing imbalance of the bargaining power between the both parts of the contract.  

Specifically, the above-mentioned company unduly broke off the contract negotiations, preventing the renewal of the licence to use the music rights managed by the injured company, by proposing an inaccuracy contractual offers and not giving the right information pursuant to the fundamental principles of fairness and transparency, with significant impact on competition in the market and to the detriment of consumers.     

Source: AGCM 

AGCM opens an investigation on  misleading advertising in the heated tobacco device market 

The AGCM has opened an investigation against a well-known company operating in the market of heated tobacco devices and a well-known e-commerce company, which sells the product directly on its platform, in order to ascertain whether the related promotional activity is to be considered misleading advertising.  

In particular, the authority’s investigation will assess if the company gives with the above-mentioned advertising, complete information about the persistent presence of the nicotine (concerning to the use of this device, although it works without combustion) and specifies that the product is only for an adult audience.  

Source: AGCM  

The Supreme Court rules on compensation for the damage related to preparatory acts of unfair competition conducts   

In Judgement No. 6876 of March 8, 2023, the Supreme Court, Civil Section I, stated the compensation for the damage also with reference to the implementation of preparatory acts with respect to those provided in Article n. 2598 of the Italian Civil Code, if the existence of an “etiologically related damage” is proved.  

In particular, whenever the damages is referring to the appreciation that consumers have for the products marketed with a given distinctive sign, the compensation for the damage is also parameterized on the “loss of profit”, as long as the damaging conduct caused a reduction in the injured party’s income or had a negative impact on the amount thereof.   

 Source: DeJure 

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