Italy strengthened the regulation of actions for damages for antitrust violations with the legislative decree n. 3/2017, launched in implementation of directive 2014/104/EU. In order to make the private enforcement of antitrust law more effective, the provision provides for a significant strengthening of the judge's power to order the exhibition of evidence held by one of the parties or a third party.
Furthermore, the antitrust violation ascertained by a decision that can no longer be challenged by the Competition Authority or by a judgment of the administrative judge that has become final is now considered definitively established for the purposes of the action for damages. In cartel cases, the existence of damage is presumed, even if the defendant is allowed to provide evidence to the contrary.
The decree also contains a series of provisions aimed at ensuring coordination between the actions for damages and the public application of antitrust law: these concern, in particular, the presentation of the evidence contained in the Authority's file and the application of the rules on joint liability in the case of persons who have received immunity from fines under a leniency programme.
On the occasion of the transposition of the directive, a review of the competence of the sections specialized in business matters was carried out, concentrating the private enforcement of antitrust law in the specialized sections of Milan, Rome and Naples.
The circular highlights, in particular, the system of guarantees that accompanies the new discipline relating to the presentation of evidence, the importance of full judicial review of the decisions of the Authority to which a binding effect is now attributed and the principles that must inspire the cooperation between Authorities and judges in terms of quantifying the damage.
Attachments: Antitrust Violation Claims
