Pietro Merlino

Practice Areas

Pietro Merlino is a partner in the EU, Antitrust and Regulation department at Legance and focuses on EU and Italian competition law. He assists clients in connection with the application of EU and Italian competition rules across a wide range of sectors (from life sciences to energy, tech and digital economy, banking, insurance, transportations, consumer goods). Pietro advises and represents international and Italian clients in all areas of competition law, including abuse of dominance, cartel and restrictive practices investigations, merger control, civil antitrust litigation (follow-on or stand-alone damages actions), licensing and distribution, as well as on consumer protection and on general EU law issues.

Pietro appears frequently before the EU courts in Luxembourg and the Italian civil and administrative courts, as well as before the Directorate General for Competition of the European Commission and the Italian Competition Authority.

Over the years, Pietro has developed a strong, specific expertise in the application of competition rules in the pharmaceutical, energy and transport sectors as well as on the interplay between antitrust law and intellectual property rights (IPRs).

Pietro Merlino has authored numerous publications on competition law. He lectures at several Italian universities and he is a regular speaker at conferences and seminars in Italy and abroad. Pietro is currently a member of the steering committee of the association Concorrenze (which brings together lawyers and economists with expertise in competition law and economics) and a member of Associazione Antitrust Italiana (Italian Antitrust Association).

Career

Partner in Legance since 2023.

Before he was Partner in Orrick, Herrington & Sutcliffe (2018 - 2023), Counsel in Cleary Gottlieb Steen & Hamilton (1999 -2018) and Associate in Studio Legale Tizzano (1996 - 1997).

Professional Memberships

Member of the steering committee of the association Concorrenze.

Member of the Italian Antitrust Association.

Member of the Naples Bar (Italy).

Admitted to practice before the Supreme Court and Highest Jurisdiction (Italy).

Publications

• “Antitrust and economic sustainability of the National Healthcare System” in “La sostenibilità della Salute - Nuovi equilibri tra dati, welfare e SSN”, Fondazione Roche – Edra, 2023;

• “Abuse of Dominant Position and Intellectual Property Rights”, in “Trattato di diritto antitrust”, Giuffrè, 2021;

• “Antitrust and Data Protection Law: A Relationship in Search of Clear Boundaries”, in “Antitrust between EU and National Law, XIII Conference”, Larcier, 2019;

• “Antitrust Assessment of Co-marketing Agreements: a Diverging Approach between EU and Italy?” (co-author), in “Competition and Patent Law in the Pharmaceutical Sector. An International Perspective”, Kluwer Law International, 2016.

• “Edison: a Glimpse of Hope for Parent Companies Seeking to Rebut the Parental Liability Presumption?”, Journal of European Competition Law & Practice, Vol.5, Issue 7, 2014;

• “Strategic Underinvestment as an Abuse of Dominance under EU Competition Rules” (co-author), World Competition, Issue 4, 2013;

• “The Duty to Invest in the Development of Infrastructures: Some Considerations on Two Parallel Stories” (co-author), Mercato Concorrenza Regole, Issue 2, 2012.