Recenti sviluppi in tema di intese orizzontali

The paper focuses on two recent advances in the antitrust approach to horizontal agreements. First, the so-called leniency programs are extensively assessed. Leniency programs not only help competition authorities in their ex-post investigation of collusive behaviour but are, above all, forceful instruments of ex-ante deterrence. Second, facilitating practices are analysed to show how they can help overcome an intrinsic tension between the economic and the legal notions of collusive behaviour.