Abstract
The essay deals with the procedural rules of Italian legislative decree no.
3/2017, implementing Directive 2014/104/EU, that aim to facilitate coordination between private enforcement of competition law by the Italian courts and
public enforcement of that law by the Italian competition authority. In particular, the author criticizes the legislative provision that makes the decisions
of the competition authority binding in actions for damages brought before the
national courts, as far as they declare an infringement of competition rules; and
he also makes the case for an alternative pattern of coordination, according to
which such decisions are only evaluated as evidence by the civil judge
Titolo tradotto del contributo | [Autom. eng. transl.] The implementation of the rules of competition between private and public enforcement: against the constraint of the judge to the decisions of the independent authorities |
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Lingua originale | Italian |
pagine (da-a) | 665-710 |
Numero di pagine | 46 |
Rivista | IL GIUSTO PROCESSO CIVILE |
Stato di pubblicazione | Pubblicato - 2022 |
Keywords
- concorrenza autorità indipendenti decisioni vincolo giudicato prova
- private enforcement competition