Private Antitrust Enforcement in Italy

By Mario Siragusa & Alessandro Comino – 

In 2017, Italy implemented Directive No. 2014/104/EU by adopting Legislative Decree No. 3/2017, which introduced a number of procedural and substantive provisions to facilitate damages claims by victims of antitrust infringements. Even though the Italian legal framework already provided judicial protection for victims seeking damages arising from antitrust infringements, these new provisions are expected to increase private antitrust litigation in Italy. This article highlights the main changes that the Decree has introduced in the Italian legal framework, including procedural aspects, disclosure, effects in judicial proceedings of Italian Competition Authority decisions, and the statute of limitations. Finally, it refers to the most recent and noteworthy cases in Italy to provide specific guidance.

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