Crisi d’impresa e concorrenza: obiettivi convergenti o con-trastanti?

Abstract

This paper aims to examine the current state of the relationship between corporate crises and competition law, with the goal of identifying potential areas of conflict between the two legal frameworks. The analysis focuses, in particular, on the significance of the assessment made by insolvency proceedings bodies regarding the possibility for the company in crisis to resort to the corporate restructuring tools provided by insolvency law, and on the potential harm that a refusal by the European Commission or the national antitrust authority to approve a merger intended to ensure the rescue of a company in crisis is likely to cause to the objectives pursued by the two legal frameworks.