Part II The Member State Reports on Transposition of the Directive, 10 Italy

Abstract

This chapter focuses on the transposition of the Antitrust Damages Directive in Italy. It first considers the transposition procedure, with emphasis on the Italian competition law system and more specifically public enforcement of antitrust law under the Autorità Garante per la concorrenza ed il mercato (AGCM), before discussing the issue of the ‘topographic’ location of the implementing regulation within the current legal system. It then examines the substantive and temporal scope of Italy’s transposition measure, known as Legge Delega, as well as specific issues that arose during the transposition, including those relating to disclosure of evidence, penalties, the binding force of National Competition Authority (NCA) decisions and judicial review, time limitation rules, joint and several liability, parent company liability, the passing-on of overcharges, the use of AGCM expertise in quantifying damages, consensual resolution of disputes, collective redress, and the concentration of jurisdiction.