Competition Law in Italy The first 20 years of law and practice

Judiciary Council (Consiglio Superiore della Magistratura) for cause and with the
guarantees provided by the law. 29
The Supreme Judiciary Council is an independent body
that supervises the judiciary. It consists of 32 members, 20 of whom are elected by the
judiciary, and is presided over by the president of the Italian Republic.
E. Additional Policy & Practical Considerations
Damages in tort for breach of Italian (or EU) competition law provisions may be
claimed by victims of anticompetitive conduct pursuant to Article 2043 of the Italian Civil
Code, according to which “any act committed with either intent or fault causing an
unjustified injury to another person obliges the person who has committed the act to
compensate the damages.”
Private antitrust litigation is governed essentially by general civil law and procedure. In
addition, Section 33(2) of the Competition Law sets forth a jurisdictional and venue
provision. In particular, according to this provision, petitions for actions for damages,
declaratory relief (i.e. for a declaration that an agreement hindering competition is null and
void), and requests for interim relief relating to infringements of the Competition Law must
be brought before the court of appeals (Corte d’Appello) having territorial jurisdiction. Such
court has jurisdiction at first and last instance, i.e. its decisions are subject to review by the
Italian Supreme Court on questions of law only. In addition, pursuant to the general civil
procedure rules, lower civil courts have jurisdiction with respect to, inter alia, private
actions under EU competition law.
1. Costs and Time Considerations in Litigation
Actions for interim relief in competition matters before civil courts are normally decided
within four to eight weeks. Ordinary actions before the lower courts or the courts of appeals
pursuant to Section 33(2) of the Competition Law are decided, on average, within two to
four years. It is difficult to estimate the cost of these proceedings because the cost varies
with the complexity of the case.
2. Costs and Time Considerations in Administrative Proceedings
Once the Competition Authority opens an investigation either upon a complaint, a
leniency application, or on its own motion, it fixes a time limit for the duration of the
proceedings. The time limit is not legally binding, however, and the Competition Authority
can extend it as many times as it deems necessary if the matter is particularly complex or
new facts are uncovered during the investigation that justify an extension. Usually, the
Competition Authority’s investigations last from approximately twelve to eighteen months.
In cases of notifications to the Competition Authority of concentrations, the decision as
to whether to open an in-depth Phase II investigation must be adopted within 30 days of
29 COST., § 107.
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