Thanks to Jasmin Mandola for collaborating on this article
On February 27, 2023, the Italian Competition Authority announced to have launched its own whistleblowing platform for reporting antitrust violations (e.g., secret agreements on product prices, market sharing, competitor boycotts, etc.,).[1]
Using the platform, whistleblowers can report potential violations directly to the competent offices, anonymously and in full confidentiality, thanks to encryption means. All that is required to submit a violation is reasonable belief that it has taken place, is taking place, or could take place.
The aim of the Italian Antitrust Authority is to try to increase efforts to deal with secret cartels and combat conduct violating rules protecting competition matters, by encouraging also those people who do not want to reveal their identities to make reports.
Information to be submitted shall include a description of the conduct, the circumstances (i.e., time, place, and facts of the matter), the parties involved (e.g., companies, trade associations, freelancers, etc.,), and the target of the conduct. The more detailed the information and the more it is supported with specific documentation, the more useful it will be for investigation purposes.
This platform marks an important step toward protection of competition and whistleblowing in general; as it shows the commitment of the Authorities to comply with the latest practices and guidelines on reporting means and protections of whistleblowers, also in the light of the regulation recently implemented by Italy, that will entry into force starting from July 15, 2023, providing for the obligation for private and public entities to establish appropriate channels for reporting violations in order to to avoid sanctions as well as to curtail the risk that reports are made externally.[2]
[1] The Italian Competition Authority whistleblowing platform is available at the following link: https://www.agcm.it/servizi/whistleblowing.
[2] For further information, please see our article at the following link: https://portolano.it/newsletter/portolano-cavallo-inform-compliance/italy-transposed-european-directive-whistleblowing-main-requirements-developments.
