Enrico Adriano Raffaelli

Practice Areas

Specific expertise in the area of competition and IP laws, acting in litigation, advising and representing major companies both at a national and EU level. Assistance to multinational groups in several different economic sectors (for instance TV media, insurance, steel, chemical, pharmaceutical, IT, electronic and consumer goods). In particular, in the antitrust field, litigation, advising and representing major companies both at a national (proceedings before the Italian Antitrust Authority and Administrative and Civil Courts) and EU level (proceedings before the European Commission and European Courts) in relation to the areas of her expertise. He also provides his experience in organizations of customized antitrust compliance programs and special education training sessions, including mock dawn raids and antitrust auditing for companies and trade associations; assistance in sector inquiries; assistance in private antitrust actions; legal opinions on the interpretation and enforcement of EU antitrust law, also concerning several regulated sectors. Assistance in general commercial litigation, antitrust litigation, public procurement (awards, exclusions, challenging of procedure regulation) and litigation in connection with acts of governmental and independent authorities, including local bodies and agencies. Competition and IP Laws, acting in litigation, advising and representing companies both at a national and EU level, providing general assistance before the IAA and the EC.

Career

Law Degree, Milan University (1973); founding Partner of Rucellai & Raffaelli (1979). Frequent lecturer on intellectual and industrial property rights, EU law and EU and national competition law at conferences and seminars; among the major international conferences, the most important of the recent years were those held before the Fordham University of New York, the Ilustre Colegi d’Advocats de Barcelona, the Patent and Trademark Italian Office and the Centre de reserche sur le droit des affaires (Creda) de Paris. Among the major national conferences, the most important of the recent years are:

􀀀 Moderator in the Conference “Public and Private Enforcement of EU Competition Law in the Age of Big Data”, organised in the framework of the project “COMP.EU.TER”, Palazzo di Giustizia, Milan 1 December 2023;

􀀀 Lecture, in webinar format, dedicated to Private Enforcement in antitrust law, as part of the “Training Course in Competition Law”, organised by the Milan Bar Association, 20 November 2023;

􀀀 Utilitalia, Training course “Antitrust and unfair commercial practices: discussion with the Italian Competition Authority and sector experts“, Rome, 11 October 2023;

􀀀 “The Boundaries of judicial review of IAA’s decisions in the light of EU Law: reflections in the margin of the Hoffmann-La Roche Judgment”, in “Competition Policy and Industrial Policy, Synergy or Conflict?” conference held on April 19, 2023 at Milan Court auditorium;

“EU competition and trade policies: synergy or conflict?”, Round Table organized in collaboration with AIGE and the University of Milan, December 12, 2022;

􀀀 Confindustria and Assindustria Veneto Centro Conference on “Vertical distribution agreements, Online sales”, Treviso, October 26, 2022;

􀀀 Parthenope University “Quale Europa nel nuovo scenario economico mondiale” in Naples on July 8, 2022, 􀀀 Italian Antitrust Association, “Main developments in EU and Italian competition law”, Rome, October 21-22, 2021.

Teacher of European Law at the Milan Catholic University for several years and promoter of the organization of all editions of the Treviso Antitrust Conference.

Professional Memberships

Member of Milan Bar; Honorary President of UAE (European Lawyers Union) of which he is now President of the Competition Law Commission. He is member of the board of the Associazione Italiana per la tutela della concorrenza, the Italian Section of LIDC (Ligue International du Droit de la Concurrence). He is also member of various associations such as Indicam, the Centromarca institute for the fight against counterfeit, INTA (International Trademark Association), AIPPI (Association International pour la Protection de la Propriété Industrielle), LES (Licensing Executive Society) and AIGE (Italian Association European Jurists).

Publications

􀀀 “The Boundaries of judicial review of IAA’s decisions in the light of EU Law: reflections in the margin of the Hoffmann-La Roche Judgment”, in “Competition Policy and Industrial Policy, Synergy or Conflict?”, in it, special number, June 2023;

􀀀 National Report for Italy in “The new geopolitical dimension of the EU competition and trade policies“, in XXX FIDE held on 31 May-3 June in 2023, Sofia, vol. 2, Ciela Norma, 2023;

􀀀 “Antitrust, industrial policy and digital markets act “, in Round Table “ Competition Policy and Industrial Policy, Synergy or Conflict” in Eurojus.it, special number, April 2023;

􀀀 “XV Conference “Antitrust between EU Law and National Law”, edited by Enrico Adriano Raffaelli, Bruylant – Giuffrè, Bruxelles-Milan, 2022;

􀀀 “Il DSA e le nuove sfide del mondo digitale” in "Tendenze e Sviluppi di Diritto Industriale", n. IV, 2022;

􀀀 “Private Antitrust Enforcement in Italy after the Damages Directive: A Lawyer's Perspective” in “Private antitrust enforcement in the European Union: where do we stand after the implementation of the Directive 2014/104/EU" edited by G. Muscolo, A. Biondi, R. Nazzini, 2022;

􀀀 "XV Conference "Antitrust between EU Law and National Law", di cui cura la pubblicazione, Bruylant - Giuffrè, Bruxelles-Milan, 2021;

􀀀 "Private antitrust enforcement after Damage Directive " in "Il private antitrust enforcement nelle Corti milanesi: una prospettiva europea" held on 4 October 2019 at Università Statale di Milano, in GAM and Eurojus.it, special number, June 2020;

􀀀 "Antitrust, la pandemia riscrive le regole della concorrenza" in Italia Oggi, 25 May 2020;

􀀀 Chapter for Italy in “The International Comparative Legal Guide to: Competition Litigation 2020”, Global Legal Group, XII edition, 2020; 􀀀 “Il private antitrust enforcement dopo la Direttiva Danni: troppi problemi ancora irrisolti?”, published in Federalismi.it, n. 14, 17

June 2019.

􀀀 Chapter for Italy in “Global Practice Guides - Merger Control”, in Chambers & Partners, 2019, second edition;

􀀀 “XIII Conference “Antitrust between EU Law and National Law”, edited by Enrico Adriano Raffaelli, Bruylant – Giuffrè, Bruxelles-Milan, 2019;

􀀀 Biosimilars: considerations in light of the Italian legal framework”, in Gabi Journal, vol. 8, issue 1, 2019;

􀀀 Chapter for Italy in “Getting the Deal Through – Dominance”, 2019 edition, Law Business Research, Ltd, 2019;

􀀀 “Competition Law and IP rights in the pharmaceutical sector between technological development, consumer protection and Health Care costs: the Italian experience”, in “The Interplay between Competition Law and Intellectual Property - An international perspective”, Gabriella Muscolo and Marina Tavassi, 2019;

􀀀 “Regulation and Antitrust in the Pharmaceutical Field”, in Frédéric Jenny, Standing Up for Convergence and Relevance in Antitrust, Liber Amicorum, Volume I, Nicolas Charbit - Sonia Ahmad Editors, 2019.