Il nostro ordinamento giuridico ha emanato la disciplina antitrust con legge 10 ottobre 1990, n. 287 rubricato “Norme per la tutela della concorrenza e del mercato” , la prima apparizione di tale norma, risale al 1890 e prende il nome di Sherman Act , negli Stati Uniti d’America, allo scopo di porre fine allo strapotere del petroliere John Davison Rockefeller e contro l'American Tobacco Company.
L’obiettivo del diritto antitrust è quello di tutelare la concorrenza, avoiding that economic actors are pursuing attitudes aimed at creating a system of monopoly or oligopoly, and that those posts already in this position do not abuse.
doctrine considers that a competitive market is characterized by the fact that none of the operators will be able alone to influence prices, or all operators have full access to all relevant information and where there are no barriers that limit the 'access to that market (1) .
Our legal system, in line with others, prefers the competition, because this situation is the best for the consumer who can get the best quality of goods at the lowest price, and on the other hand, allows the stimulus to producers for the technical progress.
The territorial scope of application of the rules in antitrust is both national and international one, and in this case the EU, the subjects referred to by the l. 287/90 are companies, however, this term means that provided a broader understanding of art. 2082 cc, in fact it refers to all persons engaged in commercial activities , with or without legal personality, and is indifferent to the requirement of non-profit (2).
Antitrust law also applies to public companies and those with predominantly state-owned , the guidelines do not apply under the EC Treaty ( art. 86, paragraph 2 ) and the Italian law (Article . 8, paragraph 2, l. 287 / 90 ) "to companies which, for the law, engaged in the operation of services of general economic interest or operating a monopoly on the market, everything is closely linked to the achievement of specific tasks entrusted to them."
control, in Italy, is entrusted to a body called Authority of competition and market , equipped with extensive powers, with the independence requirements, and is appointed by the government or parliament. The criminal case
were typed, first of all are prohibited agreements restricting competition, or cartels and abuses of dominant positions , ie, conduct liable to restrict competition played by people in a situation of oligopoly or mopolista Finally we have the aimed at reducing concentrations of the operators in the market.
remedies provided by the legislature, shall, as regards the agreements and abuse, the invalidity of the act and the damages , however, this situation is problematic, since it is not easy quantify the harm caused to the injured party, not to mention that the company which have undergone this procedure, could it visible directly on to consumers by raising prices on products, therefore we should keep in mind that situation.
Finally, casting his eyes towards the United States, we can see, in the field of comparative law, that the legal system also provides for criminal penalties , while our system is not provided for that possibility.
Notes:
(1) V. Di Cataldo, A. Vanzetti, Handbook of Industrial Law, Giuffrè Editore, 2004 pg 485 ff ..
(2) V. Of Cataldo, A. Vanzetti, Handbook of Industrial Law, Giuffrè Editore, 2004 pg 485 ff ..
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