Guilio Matarazzi

Giulio Matarazzi

Doctoral Student and Junior Research Fellow

Intellectual Property and Competition Law

giulio.matarazzi(at)ip.mpg.de

Areas of Interest

Competition Law, Intellectual Property Law, Telecommunications Regulation, Digital Platforms Regulation

Academic Résumé

Since 2021
Doctoral Student and Junior Research Fellow
Max Planck Institute for Innovation and Competition


2019 – 2020
LL.M. in Intellectual Property and Competition Law
Munich Intellectual Property Law Center (MIPLC) 
Awarded with the Oehm Prize


2017
Bar Exam (Italy)


2008 – 2013
Study of Laws
Luiss Guido Carli University

Work Experience

Since 2020
Tutor
Munich Intellectual Property Law Center (MIPLC)


2014 – 2020
BonelliErede law firm (Competition law, Consumer protection law, EU Regulatory)

Publications

Contributions to Collected Editions, Commentaries, Handbooks and Encyclopaedias

Italy - Commentary, in: Competition Law in Western Europe and the USA, Wolters Kluwer, Alphen aan den Rijn 2020 (together with Claudio Tesauro, Francesco Anglani).

    Journal Articles

    Position Statement of the Max Planck Institute for Innovation and Competition of 2 May 2023 on the Implementation of the Digital Markets Act (DMA), GRUR Int 72, 9 (2023), 864 - 875 (together with Josef Drexl et al.).

    The Italian Competition Authority Fines Undertakings for an Anticompetitive Agreement Concerning the Assignment of Broadcasting Rights to Italian Football League Matches (Vendita diritti televisivi Serie A 2015-2018), Bulletin e-Competitions 2016 (together with Sara Lembo).

    The Italian Council of State Refers to the EU Court of Justice for a Preliminary Ruling in a Case Regarding an Agreement to Artificially Differentiate Competing Drugs (Roche / Novartis), Bulletin e-Competitions 2016 (together with Sara Lembo).

    The Italian Competition Authority Opens an Investigation into the Tender Procedures for Oxygen-Therapy and Ventilo-Therapy Services at Home (Gare ossigenoterapia e ventilopterapia), Bulletin e-Competitions 2015 (together with Sara Lembo).

    Dominance in the Pharmaceutical Sector: An Overview of EU and National Case Law, Bulletin e-Competitions - Special Issue Pharma & Dominance 2015 (together with Sara Lembo).

    The Italian Supreme Court Opens the Doors to Standalone Private Actions (Cargest), Bulletin e-Competitions 2015 (together with Sara Lembo).

    The Italian Competition Authority Accepts Commitments to Amend a Co-Marketing Agreement and Closes the Antitrust Investigation (Novartis / Italfarmaco), Bulletin e-Competitions 2015 (together with Sara Lembo).

    The Italian Competition Authority Opens Phase II Proceedings on Hostile Takeover Bid Over 100% (EI Towers / Rai Way), Bulletin e-Competitions 2015 (together with Sara Lembo).

    The Italian Competition Authority Adopts National Guidelines on Antitrust Fines, Bulletin e-Competitions 2014 (together with Sara Lembo).

    The Italian Council of State Confirms the Competition Authority's Decision Adopted in an Abuse of Dominance Case in the Mass Retail Sector (Coop Estense v AGCM), Bulletin e-Competitions 2014 (together with Sara Lembo).

    Interim Measures: An Overview of EU and National Case Law, Bulletin e-Competitions 2014 (together with Claudio Tesauro et al.).

    The Italian Competition Authority Fines a Pharmaceutical Company for Having "Artificially Differentiated" Their Medicinal Products in Breach of Article 101 TFEU (Roche- Novartis/Farmaci Avastin e Lucentis), Bulletin e-Competitions 2014 (together with Sara Lembo).

    Research Papers

    Imitation of Competitors in the Digital World as an Abuse of Dominant Position, MIPLC Master Thesis Series (2019/20) 2020.

    Opinions

    Position Statement of the Max Planck Institute for Innovation and Competition of 2 May 2023 on the Implementation of the Digital Markets Act (DMA), 2023, 33 pp. (together with Josef Drexl et al.).

    • Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector (Digital Markets Act; DMA) entered into force on 1 November 2022 and applies from 2 May 2023. The DMA is a novel type of regulation laying down harmonised rules for core platform services provided or offered by gatekeepers to business users and end users established or located in the Union. It pursues the objective of achieving fairness and contestability in the digital sector across the Union where gatekeepers are present.
      In its position statement of 2 May 2023, the Institute acknowledges that uniform rules throughout the European Union and centralised enforcement are necessary to prevent internal market fragmentation and welcomes the first Commission Implementing Regulation for the DMA of 14 April 2023. However, it remains concerned by the DMA’s unique institutional design and its interaction with other laws as outlined under Articles 1(5), 1(6) and 1(7).
      In particular, the Institute raises awareness about the possible overly broad blocking effects of the DMA on national rules, which may have the unintended consequences of privileging gatekeepers by jeopardizing future national legislative initiatives. This ultimately obstructs the achievement of contestability and fairness in digital markets. A complementary application of the competition rules and effective enforcement of the DMA is, against this backdrop, crucial. Yet there is uncertainty over administrative enforcement mechanisms, and it is unclear what role private enforcement plays in the current legal design of the DMA. The position statement identifies and examines challenges in the implementation of the DMA, along with recommendations for overcoming them.
    • Position_Statement_MPI_DMA.pdf
    • Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 23-11
    • Also published in: GRUR International, Volume 72, Issue 9, September 2023, Pages 864–875