Aldo Frignani, Enrico Gentile, Giuseppe Rossi

La "devolution" dell'antitrust. Prime riflessioni intorno al "libro bianco" sulla modernizzazione

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The white paper on modernisation by the EC Commission provides for a survey of the problems arising out of the obsoleteness of regulation n. 17/62, and some proposals to modify the current system of application of art. 81.3 of the Treaty. The most relevant of such proposals is the introduction of a system of "directly applicable exception", under which the agreements which satisfy the requirements for the exemption will be held valid ever since they are entered into without any decision by the Commission being needed. Though the proposal is based on sound reasons, many questions are left unanswered. The Authors analyse the white paper with some criticism, wondering whether the proposal is apt to reach its aim or not.

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