Marco D’Ostuni is a partner based in the Rome office.
Mr. D’Ostuni's practice focuses on antitrust, telecommunications, media and energy law. He has represented clients before the EU Commission and the Italian Antitrust Authority (IAA) in antitrust investigations and merger filings; in proceedings before the Italian Communication Authority (AgCom) and the Italian Energy Authority; and in arbitration and litigation before civil and administrative courts involving complex antitrust or sector regulation issues.
Most recently, Mr. D’Ostuni successfully represented SKY Italia in civil proceedings started by Conto TV in order to obtain the suspension of the award to SKY Italia of the Serie A football championship TV rights. He also represented SKY Italia in a successful request for interim measures filed against Publitalia ‘80 (Mediaset’s advertising branch) in order to enjoin the defendant from refusing to accept SKY Italia’s TV advertising. Mr. D’Ostuni successfully advised Telecom Italia before the AgCom in the negotiation concerning the Open Access commitments, to address the competitive problems connected to the control of the fixed access network. He also successfully represented Telecom Italia in proceedings against Vodafone in the “Numero Fisso” case. Mr. D’Ostuni represented ENI in winning an appeal before the Council of State which lead to a 93% reduction of the largest antitrust fine ever issued in Italy and, most recently, in the proceedings before the European Commission concerning an alleged abuse of dominant position in the management and operation of a number of international natural gas pipelines. Mr. D’Ostuni assisted ENI and Telecom Italia before the IAA, the Italian regulatory authorities and before courts in some of the main cases related to the liberalization, the competition and the regulatory matters in the Italian gas and telecommunications sectors.
Mr. D’Ostuni is the co-author of publications on antitrust matters, including: “Italy”, Getting the Deal Through – Private Antitrust Litigation
, Law Business Research, 2010, 2009 and 2008; “I mercati rilevanti dei prodotti e servizi e la regolazione ex ante”, Diritto delle comunicazioni elettroniche: Telecomunicazioni e televisione dopo la terza riforma comunitaria del 2009
(F. Bassan ed.), 2010; “La responsabilità civile in materia antitrust”, Codice Ipertestuale della Responsabilità Civile
, Kluwer, 2008; “Italy”, International Comparative Legal Guide to: Competition Litigation
, Global Legal Group, 2009; Economia e Diritto Antitrust
, Carocci, 2006; “A Reflection on Some Private Antitrust Enforcement Issues”, Ehlerman and Atanasiu (eds.), European Competition Law Annual 2006: Enforcement of Prohibition of Cartels
, Hart, 2006.
Mr. D’Ostuni is distinguished as a leading lawyer in Competition/Antitrust (Italy) and in TMT: Telecommunications by Chambers Europe
Mr. D’Ostuni joined the firm in 2000 and until June 2001 was based in the New York office. He became partner in 2009. He graduated with honors from Naples University Law School in 1996. He obtained an LL.M. in Advanced European Legal Studies from the College of Europe of Bruges in 1998. In the same year, he won the Best Advocate General prize in the European Law Moot Court Competition, awarded by the European Court of Justice (where he later interned briefly). He obtained an LL.M. from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar, in 2000, after receiving a Fulbright Scholarship. In 2008, he obtained a Ph.D. in competition law from the University of Perugia, Italy. Prior to joining Cleary Gottlieb, Mr. D’Ostuni was a trainee at an administrative law firm in Naples, from 1996 to 1997. From 1998 to 2000, he was an associate at a major international competition law firm in Brussels.
Mr. D’Ostuni has been a member of the Naples Bar since 2001, and of the New York Bar since December 2003. He is a native Italian speaker, is fluent in English, French and Spanish, and has a basic knowledge of Portuguese.