Italy: Closed consultation on Competition Authority’s guidelines for calculating fines

On 18 December 2024, the Italian Competition Authority closes its public consultation on proposed updates to the guidelines for calculating fines for infringements of competition rules under Article 15(1) of Law No. 287/1990, as well as Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). In particular, the updated guidelines include provisions capping fines at 10% of the global turnover of the infringing entity in the last financial year. For severe violations, such as secret cartels, supplemental penalties of 15–25% of the value of sales related to the infringement may be imposed to enhance deterrence. The guidelines also specify adjustments based on aggravating or mitigating factors, such as obstruction of investigations or cooperation with authorities. The revised methodology aims to provide clearer criteria for calculating fines, enabling judicial oversight and helping businesses understand the rationale behind penalties. Upon adoption, the updated guidelines will replace the 2014 version and apply immediately to ongoing cases where the investigative phase has not yet concluded.