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  • 18
    Mag
    Is the validity of a drag-along clause subject to specific requirements?
    Drag-along clauses are often found in shareholders’ agreements of joint stock companies. They provide an equity capital sale mechanism which ensures that if a third party offers to acquire the entire equity capital of the company, the majority shareholder has the option of benefiting from such offer and may use it to compel the minority…
    Articolo inserito in: Private Equity
  • 7
    Apr
    Yahoo! Italia liable for film copyright infringement
    The debate about copyright protection on the Internet has taken a new turn. The Court of Rome recently found that search engine Yahoo! Italia bore contributory liability for infringement of copyright in the award-winning Iranian film About Elly by illicit websites, which allowed the streaming or downloading and peer-to-peer sharing of the film without the…
    Articolo inserito in: Brand, Diritti, Internet & Ecommerce
  • 5
    Apr
    Dismissal for poor performance – recent supreme court decision
    In Decision 24361, which was issued on December 1 2010, the Labour Section of the Supreme Court stated that an employer may dismiss an employee for poor performance even if the employee in question has not committed a gross violation of his or her duty of diligence.
    Articolo inserito in: Diritto del Lavoro
  • 21
    Mar
    Class actions: first precedent on preliminary stage of class action proceedings
    In an ordinance of December 16 2010, which was filed with the Court of Milan on December 20 2010, a class actionbrought under Section 140bis of the Customer Code was declared admissible for the first time in Italy. However, this only means that the class action has passed the preliminary examination stage and avoided early…
    Articolo inserito in: Contenzioso
  • 21
    Mar
    Net neutrality: an italian perspective
    Strongly debated in the EU, the idea of Net Neutrality is now rapidly catching the attention of regulatory authorities and of the electronic communications operators in Italy.
    Articolo inserito in: Internet & Ecommerce
  • 18
    Mar
    A new scenario for Italy: the compulsory mediation of civil and commercial disputes
    In March 2010 the government approved a legislative decree to implement the EU Mediation Directive (2008/52/EC). Legislative Decree 28/2010 introduced a compulsory mediation stage for resolving civil and commercial disputes. The decree’s ambitious aim is to reduce the number of cases pending before the Italian courts and thereby cut the duration of a typical lawsuit…
    Articolo inserito in: Contenzioso
  • 18
    Mar
    The “right to be forgotten” privacy and online news
    Recently, the Spanish Data Protection Authority (“Agencia Española de Protección de Datos – AEPD)ordered Google to delete links on its search engine to any website containing out of date or inaccurate information about individuals and, thus, breaching their “right to be forgotten”. Now, Google is challenging the AEPD’s order in a Madrid Court, since, in…
    Articolo inserito in: Internet & Ecommerce
  • 16
    Mar
    Selective distribution for cosmetics and eu competition rules on online sales
    On March 3 2011 the European Court of Justice (ECJ) Advocate General Ján Mazák issued a non-binding opinion on Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la Concurrence and Ministre de l’Économie, de l’Industrie et de l’Emploi (Case C-439/09). In it, Mazák argues that selective distribution agreements which impose a general and absolute…
  • 13
    Mar
    Incroci stampa-tv intervengono AGCOM e AGCM
    L’Autorità Garante della Concorrenza e del Mercato (“AGCM”) e l’Autorità per le Garanzie nelle Comunicazioni (“AGCOM”) hanno richiamato l’attenzione sulla criticità del conflitto d’interessi nel settore della comunicazione a seguito della conversione in legge (legge 26 febbraio 2011, n. 10 – “Legge di Conversione”) del cosiddetto “decreto milleproroghe” (decreto-legge 29 dicembre 2010, n. 225). Il…
    Articolo inserito in: Televisione
  • 10
    Mar
    Agcom fight piracy with greater availability of content
    On December 17 2010 the Communications Authority (AGCOM) issued a draft paper on the protection of copyright on electronic communication networks, attachment B to Resolution 668/10/CONS, published in the Official Journal on January 3 2011. The public consultation on the paper closed on March 4 2011, but the debate about many of the issues that…
    Articolo inserito in: Regolamentare e Antitrust
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