Commitments under Article 14-ter of Law 287/1990

A faster way to resolve competition concerns

Sometimes, instead of pursuing a full investigation, we may accept commitments offered by companies to address our competition concerns. This procedure allows competition issues to be resolved more quickly and efficiently (Article 14-ter of Law 287/1990).

Companies may offer commitments within three months of the opening of an investigation for suspected infringements of rules on anti-competitive agreements or abusive practices. If the proposed commitments appear suitable and effective, we carry out a market test to invite comments from market operators. Once approved, the Authority makes the commitments binding and closes the case without ascertaining an infringement.

Companies that fail to comply with their commitments may face fines of up to 10% of their worldwide turnover. We may also reopen a case if circumstances change, if commitments are breached, or if the decision was based on misleading or incomplete information.