How to file an AGCM antitrust complaint with AI

The steps

1. 1.

   Identification of the parties and legal standing

   The first step requires a precise identification of the complainant and the reported undertakings, detailing their respective roles in the market. It is necessary to set out the concrete and actual interest of the complainant (whether a harmed competitor, a consumer, or a trade association) and define the economic relationship with the reported parties. Certified email (PEC) addresses and registered office addresses must be provided to enable the Authority to properly issue notifications and carry out any inspections. Soundly argued legal standing prevents the risk of dismissal for lack of interest or subjective vagueness.

2. 2.

   Definition of the relevant market

   The complaint must contain a precise definition of the relevant product market and the geographic market in which the challenged conduct takes effect. From a product perspective, it is necessary to identify the goods or services considered interchangeable or substitutable by consumers in view of their characteristics, price, and intended use. From a geographic perspective, the area where undertakings compete in the supply and demand of such products must be delimited, assessing whether the scope is local, national, or EU-wide. This analysis is essential for calculating market shares and evaluating the economic power of the undertakings involved.

3. 3.

   Analytical description of the conduct

   This section requires a detailed exposition of the facts and conduct alleged to be anti-competitive, such as cartel agreements, exchanges of commercially sensitive information, or exclusionary practices. It must be clarified whether the conduct constitutes a horizontal agreement aimed at price-fixing or an abuse of a dominant position intended to foreclose competitors from the market. Each practice must be contextualized chronologically, indicating its commencement, whether it is ongoing, and its operational modalities. A precise factual narrative enables the Authority to readily assess the severity of the infringement and the need for prompt intervention.

4. 4.

   Legal qualification of the infringement

   The complaint must subsume the established facts under the relevant legal prohibitions, distinguishing between restrictive agreements pursuant to Article 2 of Law No. 287/1990 and abuses of a dominant position under Article 3 of Law No. 287/1990. Where the conduct is liable to affect trade between EU Member States, Articles 101 and 102 TFEU must also be cited. Substantive arguments must demonstrate how the conduct prevents, restricts, or appreciably distorts competition within the national market or a substantial part of it. Accurate legal qualification guides the Authority in selecting the appropriate investigative instruments and in coordinating competence with the European Commission.

5. 5.

   Evidentiary framework

   The complainant bears the burden of producing or referencing all documentation and factual evidence available to substantiate the allegations. Relevant submissions may include contracts, commercial correspondence, price lists, sales data, or third-party statements demonstrating collusion or abusive practices. Submitting economic studies or expert opinions to quantify market impact or entry barriers is highly recommended. A robust evidentiary foundation significantly increases the likelihood that the AGCM will act upon the complaint, potentially conducting unannounced inspections (dawn raids) at the undertakings' premises.

6. 6.

   Formulation of requests and interim measures

   The concluding section of the complaint must formally request the Authority to open an investigation to ascertain the infringement and impose appropriate sanctions. In urgent cases involving serious and irreparable risk to competition, the complainant may apply for interim measures pursuant to Article 14-bis of Law No. 287/1990. It is equally essential to submit a formal request for confidential treatment of documents containing trade secrets or sensitive business information. Precision in the relief sought assists the Authority's officers in defining the scope of the investigation.

Legal basis: art. 2 L. 287/1990art. 3 L. 287/1990art. 101 TFUEart. 102 TFUE