This is an area of increasing importance for business where we
have matured particularly significant expertise. Knowledge of
the limits of genuine and fair competition implies nowadays not
only sound use of legal means, but also particular attention to
the abuse of contractual instruments which might be challenged
should they interfere with the exercise of free and fair competition.
In the current regulatory scenario, where business relationships
are thoroughly regulated both at national and European levels,
our clients seek our advice for a preliminary assessment of the
compliance and impact of their envisaged agreements and commercial
practices, in order to identify potential anti-competitive behaviors
(e.g. cartels, abuse of dominant position, restraints) and the
relevant risks thereof, or in order to restrain competitors’
or partners’ unlawful behaviors.
We draft and review, from an antitrust standpoint, distribution
agreements, franchising agreements, trademark or patent license
agreements, know-how and technology transfer and development agreements,
focusing in particular on sales and retail distribution. In this
area we also provide legal assistance with respect to advertising
and customer relations. A specific area where we have well established
expertise is that of parallel import and distribution of luxury
goods.
Ancillary to mergers and acquisitions, we provide preliminary
assistance in order to evaluate the most relevant issues under
an antitrust perspective, prepare and carry out any required pre-acquisition
or pre-merger filing procedures before the competent domestic
or European control authorities.
Our wide range of services in this field covers trial assistance
with respect to any kind of litigation arising from breaches of
domestic or EU competition regulations before ordinary courts
or any domestic or European antitrust authorities.