Ambush marketing and misleading advertising in Italy: final decision on the first application of the new rules and its implications
With judgment no. 3118 dated 11 April 2025, the Italian Council of State addressed, for the first time, the practical application of the rules on ambush marketing introduced by Law Decree no. 16/2020 (“Urgent measures for the organization and execution of the Milan-Cortina 2026 Winter Olympic and Paralympic Games and the ATP Finals in Turin […]
The Court of Appeal of Bologna confirms the extension of image rights to works of art: the Duca d’Este case
The trend in Italian case law towards the recognition of image right to the works of art was recently further confirmed in the judgment of the Court of Appeal of Bologna No. 1792 of 24 September 2024. The Court – partially – upheld the first instance decision of the Court of Bologna, which had found in favor of […]
Misleading eco-friendly messages: Italian Competition Authority launches an investigation into Shein
AUTHORITY INVESTIGATION INTO SHEIN On 25 September 2024, the Italian Competition and Market Authority (“AGCM” or the “Authority”) launched an investigation against the Chinese fast-fashion giant Shein over alleged misleading or omissive environmental messages contained in its Italian website (managed by the Irish company Infinite Styles Services CO. Limited, which is formally the party of […]
Another recent investigation closed with commitments by the Italian Competition and Market Authority in a case of abuse of economic dependence
As we have already discussed here, the Italian Competition and Market Authority (“AGCM” or “Authority”) has shown a significant interest in cases of abuses of economic dependence in recent years. Another recent example is the investigation launched in December 2021 against Original Marines (“OM”) regarding the franchise terms applied by the latter to its franchisees, […]
The Italian Competition Authority calls the “Nutri-score” labelling system misleading
The Nutri-Score, also known as the 5-Color Nutrition label or 5-CNL, is a five-colors nutrition label which aims at providing a quick and user-friendly visualization of the overall nutritional value of food and beverages. This system was first adopted in France, in 2017, and chosen among several labels suggested by industry professionals and retailers. The […]
The Italian Competition and Market Authority closes investigation over McDonald’s franchise terms confirming continued focus on cases of abuse of economic dependence
The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald’s”) regarding an alleged violation of art. 9 of Italian Law no. 192/1998 concerning the so called “abuse of economic dependence”. According to such provision, a company shall not exploit the state of […]
Italy: the Competition Authority and the Medicines Agency enter into a Memorandum of Understanding
The Italian Competition Authority (AGCM) and the Italian Medicines Agency (AIFA) recently signed a Memorandum of Understanding with a view to strengthening their cooperation. The Memorandum underlines that the two agencies share common interests, which relate in particular to keeping high levels of competition, granting access to medicines and preserving the economical balance of the pharmaceutical system. […]
