Golden Power e diritto antitrust: nuove riflessioni sul coordinamento dei poteri pubblici
The article “Golden power e diritto antitrust: hic sunt leones”, authored by Carlo Edoardo Cazzato and Sofia Occhipinti, has been published in Unione europea e Diritti.
This contribution provides a detailed examination of the interaction between the Golden Power regime — the special powers exercisable by the State — and antitrust merger control rules under both European Union and Italian law. It highlights key areas of overlap, practical challenges and unresolved coordination issues between the two legal frameworks.
Drawing on recent regulatory developments and case practice (including the VIG/AEGON and UniCredit/Banco BPMcases), the Authors illustrate how the distinct objectives of Golden Power and antitrust may nonetheless converge in their impact on corporate transactions, and they explore the potential risks arising from uncoordinated application, alongside avenues for more effective interaction between these regimes.