Corporate separations
Law no. 57 of 5 March 2001 has introduced new paragraphs to the section 8 of the Act, dedicated to undertakings entrusted with services of general economic interest or operating as monopolist. The new paragraphs provide that if those undertakings intend to enter in other markets, they should “operate through separate companies”, thus introducing an obligation of corporate separation. Moreover, the new rules impose on these undertakings an obligation to notify to the Antitrust Authority any constitution of undertakings or acquisition of controlling interests in undertakings operating in other markets. Failure to comply with the prior notification requirement is sanctioned. Lastly, the new law expressly states that, “in order to guarantee equal business opportunities, when [undertakings entrusted with services of general economic interest or operating as monopolist] supply their subsidiaries or controlled companies on different market … with good or services, including information services, over which they have exclusive rights by virtue of the activities they perform, they shall make the same goods and services available to their direct competitor on equivalent term and conditions”.