Administrative Law

Our activities include:

• day-by-day assistance to companies operating in the public tenders sector and other regulated markets (e.g. telecommunications, media, pharmaceuticals, healthcare, etc.);

• litigation before the administrative courts, with a particular focus on appeals against sanctions issued by independent authorities (particularly in relation to antitrust and unfair commercial practices), outcomes of tendering procedures or denials of authorizations and of permissions, including in environmental matters;

• assistance in all procedures, including licensing procedures and sanction procedures and consultations, before the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni, or AGCOM), the Italian Competition Authority (Autorità Garante per la Concorrenza ed il Mercato, or AGCM), the Ministry of Economic Development (Ministero dello Sviluppo Economico, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali), the Ministry of Health (Ministero della Salute),  the ItalianMedicines Agency (Agenzia italiana del farmaco, AIFA) and any other public institution, including Regional, Provincial and Municipal authorities;

• assistance in extraordinary operations, including advice during the structuring of transactions in regulated markets and due diligence processes.

Specifically, we have accrued experience in the following practice areas:

• advice in relation to the participation to public tendering procedures (e.g. in relation to the compliance with requirements for participation, the procedures and limits for sub-contracting, the establishment of Temporary Associations of Companies – RTI/ATI, etc.);

• advice in procedures for the starting of new businesses in the clinical/diagnostic sector (e.g. analysis laboratories), including accreditation and contractual procedures with the Italian National Health System;

• assistance in the launch and development of retail activities in Italy,  in relation to both building and urban planning matters and commercial authorizations;

• assistance in the building/urban planning aspects of  purchase and sales of property and other real estate finance transactions;

• assistance in relation to administrative law aspects of extraordinary operations (mergers, acquisitions, transfers of business or of its branches, corporate restructurings), from the definition of deal structures to due diligence and assistance in the negotiation of the relative contractual clauses, including in the context of financing operations;

• advice on the regulatory aspects of extraordinary operations involving companies which own television channels and electronic communications networks;

• advice on the regulatory aspects of extraordinary operations involving companies operating in the life sciences sector (pharmaceuticals, medical devices, food supplements);

• consultation on foreign control of television networks and assistance in the resolution of related disputes;

• assistance in proceedings for the issuance and transfer of general authorizations for providers of electronic communications networks and services, including terrestrial, satellite, cable and online licenses for television channels;

• assistance in the procedures for the placing on the market of drugs and medical devices, in relation to the price and reimbursement matters, market access and compassionate uses, as well as in cases involving any restriction to the marketing of products and inspections by regulatory authorities;

• drafting documents for participation in public consultations held by the AGCOM and the European Commission;

• assistance to companies operating in the port sector, in relation to procedures for the grant, amendment and waiving of concessions of State property, including in the relationships with Port Authorities;

• assistance for the companies operating in the local public services sector, regarding their incorporation and the procedures for the concession of services;

• assistance in procedures for the grant and transfer of gaming and betting licenses;

• assistance in challenging any sanctions, including those imposed by independent authorities (e.g. sanctions imposed by the Italian Competition Authority for unfair commercial practices), as well as urban planning procedures, outcomes of tendering procedures, denials of authorizations or of permissions for the pursuit of activities in regulated markets, and public decisions in environmental law matters, etc.