Biography

Marco D’Ostuni is a partner based in the Italian offices of Cleary Gottlieb. His practice focuses on competition law and on regulation in the energy, telecommunications and media sectors. He has represented clients in some of the leading EU and Italian competition law cases, often in heavily regulated sectors. He is widely published on antitrust matters and lectures at conferences and universities. After two years at a major international competition law firm in Brussels, Marco joined the firm in 2000 in the New York office. In June 2001, he transferred to the Rome office, where he is now based. He became partner in 2009.

Mr. D’Ostuni is the co-author of publications on antitrust matters, including: “Il diritto della concorrenza in Italia”, Giappichelli, 2021 (co-author); “Italy”, The Renewable Energy Law Review, 2018-2020; “EU Overview,” The Technology, Media and Telecommunications Review, 2019; “Competition and 5G Spectrum Auctions: Chronicles from the Battlefield,” Regulating for Globalization, 2019; “A Warning for Data Hoarders: The Case of Electronic Invoicing,” Regulating for Globalization, 2018; quoted in “Italian Watchdog Warns on Electronic Invoicing,” Global Data Review, 2018;“Discrimination: The MEO Economic Approach,” 2018; “Geo-blocking and Discrimination in European E-commerce: Another Brick Off The Wall,” Regulating for Globalization, 2018;“Abuse of dominance and exclusive deals: Qualcomm’s chipsets are down”, Regulating for Globalization, Wolters Kluwer, February 2018; “Excessive pricing and copyright industry: still blurred lines?”, Regulating for Globalization, Wolters Kluwer, December 2017: “Italy”, The Technology, Media and Telecommunications Review, 2017, 2019 and 2022; “EU Overview”, The Technology, Media and Telecommunications Review, 2017 and 2019; “Access to Facilities in the Telecommunications Sector: An Overview of EU and National Case Law”, Competition Case Law Digest, September 2017; “Il Sistema del controllo delle concentrazioni in Italia”, G. Giappichelli Editore, July 2017; “Facebook v Business Competence S.r.l.,” Leading Internet Case Law, May 2017; “Italy” , The Energy Regulation and Markets Review, fifth edition, September 2016; “Italy” , The Public Competition Enforcement Review (2009-2020 and 2023); “Italy”, The International Comparative Legal Guide to Cartels & Leniency (Global Legal Group, h Attorney Advertising. © 2023 Cleary Gottlieb Steen & Hamilton LLP 2008-2013). “Italy”, Getting the Deal Through – Private Antitrust Litigation, Law Business Research, 2003-2018; “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.

He is distinguished as a leading lawyer in Italy for Competition/EU Law by Chambers Europe and The Legal500 EMEA, and in TMT by Chambers Europe, and The Legal 500 EMEA. He is also distinguished as a Global Leader: Competition and as a National Leader: Competition and Data (Italy) by Who’s Who Legal. In 2020 he was recognized as a in Competition/Antitrust Star by Benchmark Litigation Europe. In 2019 he was named “Competition & Antitrust Lawyer of the Year” by Client Choice. In 2023, 2018 and 2014 he was named “Best Italian Telecommunications Lawyer of the Year” by online magazine LegalCommunity, and in 2022, he was named “Best Italian Antitrust – Public Enforcement Lawyer of the Year”. In 2018, he was named “Antitrust Lawyer of the Year” by TopLegal. He is a member of the Rome and New York Bars. He has widely published on antitrust matters and regularly lectures at numerous conferences and universities. He graduated with honors (Naples University Law School, 1996), obtained two LL.M. degrees (College of Europe of Bruges, 1998, including Best Advocate General prize in the European Law Moot Court Competition; and Columbia University School of Law, 2000, Fulbright and Harlan Fiske Stone scholar) and holds a Ph.D. in competition law (University of Perugia, 2008).

He is a native Italian speaker, is fluent in English, French and Spanish, and has a basic knowledge of Portuguese.

Training Courses

• Florence Competition Autumn School