MODIFICATION OF THE FORM REGARDING CONCENTRATIONS
PRESS RELEASE
Following the recent modifications to EC regulations regarding concentrations which have been determined at the Community level (EEC regulation 4064/89, modified by EC regulation 1310/97, enforced from 1 March 1998), the Italian Antitrust Authority has determined on a modification of a section of the Italian form (section 1 of part B, relating to the obligation to communicate the concentration to the Authority). Under the new form the notifying subjects must declare whether the concentration reaches dimensions within the community as defined by the new criteria introducted by EC regulation 1310/97 or not. In addition to those which already exist the new criteria identify, based on pre-established thresholds of turnover, operations that present important competion aspects in at least three member states and are thus more efficiently checked by the Commission rather than by the several national authorities.
The modification to the Italian form has been determined so as to supply the European Commission with the necessary information to evaluate the effects derived from the application of the new thresholds and to define criteria at the community level. The communitary regulation itself establishes that these evaluations are the object of reports by the Commission to the Counsel of the European Community, to be presented by 1 July 2000.
In this context a project has been initiated for a more general revision of the form to take into account both, the need to harmonize the changes introduced in communitary regulation and also to clarify any problematic aspects that emerge at the enforcement level of the current form, which has been law since 1 July 1996. As has occured during previous revisions, a procedure of consultations with the subjects who are most closely concerned and competent in the field (companies, associations of industrial sectors, experts in competion law and other institutions). It is thus possible that less significant changes will be introduced, as the need for them is identified, during the course of the revision.
The deliberation of the relative prospectuses, published in the Bulletin No. 45 of the Authority will be available from Tuesday 1 December on the internet site of the Authority at "/{replaceLink:1}".