ITALY Law and Practice Contributed by: Alessandro Pistochini, Luca Moglia, Giovanni Bellissimo and Giulia Barattini, Pistochini Avvocati Studio Legale
3.7 Cartels and Criminal Competition Law Antitrust law is primarily governed by Law No 287/1990, which provides for administrative sanctions for anti-competitive conduct, but does not establish criminal offences, such as cartels. Certain criminal provisions are instead set forth by the ICC, which punishes particularly serious behaviours affecting free competition. The main offences have been outlined below. • Unlawful Competition With Threats or Violence (Article 513-bis ICC): This involves engaging in competitive acts through violence or threats. The penalty is imprisonment from two to six years. • Bid-Rigging in Public Auctions (Article 353 ICC): This involves preventing or distorting bidding in public or private tenders by threats, collusion, or fraud. The penalty is imprisonment from six months to five years and a fine of up to EUR1,032. • Distortion of the Procedure for Selecting a Con - tracting Party (Article 353-bis ICC): This involves interfering with tender procedures through threats, collusion, or fraud. The penalty is imprisonment from six months to five years and a fine of up to EUR1,032. 3.8 Consumer Criminal Law Italian consumer criminal law is centred on offences that punish fraud in trade and protect consumers from deception in the marketplace, supplemented by administrative rules that ensure fairness and product safety. From the criminal perspective, the most relevant pro - vision is Article 515 of the ICC, which punishes the sale of goods that differ in origin, quality, or quan - tity from what has been promised, with penalties of up to two years’ imprisonment or a fine of up to EUR2,065. Moreover, Article 517 addresses the mar - keting of industrial products with false or misleading signs – such as brands, marks, or labels – that deceive consumers as to their origin, quality, or genuineness, punishable with up to two years’ imprisonment and a fine of up to EUR20,000. The common thread in these provisions is the element of deception, designed to preserve consumer trust and the integrity of commer - cial transactions.
On the administrative side, the Consumer Code ( Codi- ce del Consumo ) reinforces this framework. Articles 20–27 prohibit misleading or aggressive practices, empowering the Competition Authority (AGCM) to impose fines of up to EUR10 million. Article 112 of the same Code requires that only safe products be placed on the market; failure to comply constitutes a misde - meanour punishable with a fine of up to EUR50,000 or imprisonment for up to one year. 3.9 Cybercrimes, Computer Fraud and Protection of Company Secrets The main offences are as follows. • Unauthorised Access to an IT or Telematic System (Article 615-ter ICC): This offence punishes the conduct of anyone who unlawfully gains access to a protected IT or telematic system, or remains within it against the express or implied will of the person entitled to exclude them. The sanction is imprisonment of up to three years, with several aggravating circumstances that may increase the penalty. • Unlawful Interception, Obstruction or Interrup - tion of IT or Telematic Communications (Article 617-quater ICC): This offence punishes the con - duct of anyone who fraudulently intercepts com - munications relating to an IT or telematic system or occurring between multiple systems, or who obstructs or interrupts such communications. The applicable penalty is imprisonment for a term of one year and six months and up to five years. • Computer Fraud (Article 640-ter ICC): This offence punishes the conduct of anyone who, by altering in any way the functioning of an IT or telematic sys - tem or by unlawfully interfering with data, informa - tion, or software contained in or related to such a system, procures an unlawful profit for themselves or others to the detriment of another party. The penalty is imprisonment from six months to three years and a fine of up to EUR1,032, with several aggravating circumstances that may increase the penalty. • Disclosure of Scientific or Trade Secrets (Article 623 ICC): This offence punishes the conduct of anyone who, having gained knowledge of trade secrets or confidential information by reason of their office or profession, discloses or uses them
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