Practical guide
How to present commitments to the AGCM with AI
4 min read · Updated July 2026 · Editorial oversight: Avv. Federico Papa
The submission of commitments to the AGCM is a key collaborative tool in competition law, governed by art. 14-ter of Law 287/1990. This procedure allows companies under investigation to propose measures designed to remove alleged anti-competitive concerns, aiming to close the case without an infringement finding and without fines. The application must be submitted within strict deadlines to enable the Authority to assess its suitability for market protection. It represents a strategic choice requiring a delicate balance between business continuity and compliance with the Authority's findings.
In brief
Article 14-ter of Law 287/1990 governs the submission of commitments to the AGCM, including cases involving AI systems, to settle proceedings without infringement findings or fines. Companies must file proposals within three months of investigation notification and before the statement of objections. These commitments comprise behavioral or structural measures addressing concerns under Articles 101 and 102 TFEU. The procedure includes a market test for third-party observations. Failure to comply with mandatory remedies results in administrative fines reaching 10 percent of turnover. Civil damage actions remain possible.
The steps
- 1.
Verification of the mandatory deadline
The company must submit the commitment proposal within three months of the notification of the decision to open the investigation, pursuant to art. 14-ter L. 287/1990. This deadline is mandatory, although the Authority may grant brief extensions in particularly complex cases. It is essential that the application occurs before the communication of the statement of objections (CRI), after which point admissibility is barred. Failure to comply with this timeline results in the inadmissibility of the proposal and the continuation of the ordinary sanctioning procedure.
- 2.
Analysis of antitrust allegations
A detailed analysis of the competitive concerns described in the opening decision is required, whether they relate to restrictive agreements under art. 2 L. 287/1990 or art. 101 TFEU, or abuses of dominant position under art. 3 L. 287/1990 or art. 102 TFEU. Commitments must be tailored to address specifically each individual issue raised by the AGCM. An inaccurate mapping of the allegations makes the proposal unsuitable to pass the Authority's preliminary review. The defense must therefore isolate the conduct requiring correction without necessarily admitting to the existence of an infringement.
- 3.
Definition of corrective measures
The document must contain a precise description of the commitments, which can be behavioral or structural in nature. Behavioral commitments involve obligations to act or refrain from acting regarding commercial conduct, while structural ones may involve asset divestitures. Each measure must be accompanied by a clear timetable and verifiable performance indicators. It is fundamental that the proposal is clear and leaves no room for interpretative discretion by the company during implementation.
- 4.
Argumentation on the suitability of remedies
The proposal must include a reasoning section explaining why the commitments are suitable to remove competitive concerns. It is necessary to demonstrate the causal link between the offered measure and the restoration of normal market dynamics in the relevant market. The argumentation must be based on the principles of proportionality and effectiveness required by art. 14-ter. An economic analysis supporting suitability can significantly increase the chances of the AGCM admitting the proposal to the market test.
- 5.
Digital submission and market test
The document is transmitted to the Authority via Certified Email (PEC), addressed to the competent sectoral directorate. If the AGCM does not deem the proposal manifestly unfounded, it proceeds to publish the commitments on its official website for the market test. During this phase, interested third parties may submit written observations within a deadline usually not exceeding thirty days. The company will then have the opportunity to reply or further modify the commitments in light of the feedback received.
Legal basis: art. 14-ter L. 287/1990art. 2 L. 287/1990art. 3 L. 287/1990art. 101 TFUEart. 102 TFUE
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Authority and proceedings
Identification of the Italian Competition Authority and the identification number of the pending investigation.
Proposing company
Identifying data of the company submitting the commitments and details of the legal counsel with power of attorney.
Authority's concerns
Analytical summary of the potential competition law infringement profiles identified in the opening decision.
Proposed commitments
Detailed list of the behavioral or structural measures that the company commits to implementing.
Suitability of commitments
Technical argument regarding the effectiveness of the measures in removing antitrust concerns under art. 14-ter.
Request
Formal request for the initiation of the market test and the closure of the case without a finding of infringement.
Date and signature
Signature of the legal representative or counsel with an index of supporting documents.
Mistakes to avoid
- Submission of the application after the three-month deadline or following the notification of the CRI.
- Proposal of excessively vague commitments, lacking objective verification parameters or implementation timetables.
- Inclusion of explicit admissions of liability that could be used by third parties in civil damages claims.
- Omission of adequate monitoring (reporting) clauses ensuring the Authority can verify compliance.
Frequently asked questions
Does the acceptance of commitments prevent civil damages actions?
No, although the AGCM does not establish an infringement, third parties can still sue in civil court by independently proving the violation. However, a decision with commitments does not constitute privileged proof of infringement, unlike a fining decision.
Is it possible to modify commitments after the market test?
Yes, the company can submit accessory or improving modifications to the original commitments to address concerns raised by third parties or the Authority itself. These modifications must be strictly connected to the initial proposal and aimed at ensuring its effectiveness.
What happens if the company fails to respect the mandatory commitments?
In case of non-compliance, the Authority can impose administrative fines of up to 10 percent of the company's turnover. In the most serious cases, the AGCM can also ex officio reopen the original investigative proceedings.
What edit.legal automates
- —Automatic generation of the document structure compliant with art. 14-ter L. 287/1990 to avoid formal defects.
- —Dynamic check of references to articles 2, 3 L. 287/1990 and 101, 102 TFEU based on uploaded allegations.
- —Guided editor for drafting timetables and monitoring clauses with pre-set variables.
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