Resumen de Italy: : AGCOM’s guidelines on the quantification of fines

Ernesto Apa, Fabiana Bisceglia

• On 16 July 2015, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) issued new Guidelines on quantification of AGCOM’s administrative pecuniary sanctions.

  AGCOM’s Resolution no. 410/14/CONS set forth procedural rules on fines and commitments, as a consequence of the ascertained infringements. In the preamble of the same Resolution, AGCOM pointed out that there is a consolidated practice related to the infliction of sanctions, and the adoption of an official set of Guidelines to regulate the matter is to be considered a best practice. This is because in this way (i) AGCOM will be coherent and balanced when it will issue the fines; and (ii) the parties involved shall be able to verify the adequacy of the sanction, whose main purpose is to stop the unlawful conduct and to prevent its repetition