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Contenu article Bulletin Payant Abstract - type [D]

The Italian Government adopts the decree implementing the 2014 directive governing actions for damages

Key words

Procedures - Burden of proof - Damages - Private enforcement - Passing on defence - Liability (personal) - All business sectors

Italy now has legislation allowing legal actions to seek compensation for damages caused by violations of anti-competition law, starting from 3 February 2017 when Legislative Decree no. 3 of 19 January 2017 ("Decree") will come into force. The Decree implements Directive 2014/104/UE and governs individual and collective claims by plaintiffs who have suffered damages as a result of a breach of antitrust law by a company or associations of companies, and allows commencement of these actions both in instances where the Italian Competition Authority ("ICA") has already ruled on the breach of law and as stand-alone claims. This briefing note summarises the principal provisions of the Decree. I) Discovery and Evidence This legislation aims to balance the injured person's right to

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Abstract

Quotation :

Luciano Di Via, The Italian Government adopts the decree implementing the 2014 directive governing actions for damages, 19 January 2017, e-Competitions Bulletin February 2017, Art. N° 83397

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99 (french and english version)