Silvia Pietrini

University Lille 2
Senior Lecturer

Silvia Pietrini is a Senior Lecturer at the University of Lille. Her PhD thesis deals with the Class Action in Antitrust Law through National, European and International Perspectives. The thesis has been rewarded with the first prize of the “Concurrences” review competition in 2010. Silvia Pietrini is presently member of the French Association of Competition Law Research (AFEC) and of Trans Europe Experts. Her research areas relate mainly to competition law and consumer law.

Articles

19669 Review

Silvia Pietrini Italy: The Italian Supreme Court takes decisions on the starting point of the limitation period and the probative force of a decision of the Italian Competition Authority pronounced within the framework of a commitment procedure (Uno Communications / Vodafone)

38

In a judgment of 27 February 2020, the Italian Court of Cassation handed down a very interesting ruling on the starting point of the statute of limitations and the evidentiary force of a decision of the Competition Authority pronounced in the context of a commitment procedure. The case follows (...)

Silvia Pietrini Italy: The Italian Supreme Court and the Court of Pescara, Ancona, Taranto, Napoli and Verona rule once again on the validity of omnibus bank guarantee contracts with regard to the competition law (ABI)

122

The dispute over the validity of omnibus bank guarantee contracts under anticompetitive practice law does not weaken, as the Italian Court of Cassation and certain substantive courts have once again ruled on applications for the nullity of guarantee contracts entered into with banking (...)

Silvia Pietrini Italy: The Italian Administrative Supreme Court confirms the fine imposed on two pharmaceutical companies and rules on the extent of the judicial control with regard to the transposition of Directive 2014/104/EU on actions for compensation (Avastin / Lucentis)

148

In a judgment of 15 July 2019, the Conseil d’État closed the Avastin/Lucentis case by confirming the conviction of the pharmaceutical laboratories Roche and Novartis for having implemented an agreement aimed at promoting the marketing of Lucentis - an on-label drug used in ophthalmological (...)

Silvia Pietrini Italy: The Italian Supreme Court rules on the starting point of the limitation period in antitrust law and the value of the decisions of the Italian Competition Authority in follow-on actions (OMISSIS)

159

By an order of 5 July 2019, the Italian Court of Cassation returned to the question of the starting point of the limitation period in anti-competitive practice law and the value of the decisions of the Authority for the Protection of Competition and the Market (hereinafter ’AGCM’) in follow-on (...)

Silvia Pietrini Italy: The Courts of Belluno, Perugia, Torino, Roma, Velletri, Pesaro, Spoleto, Forlì and Siena and the Italian Supreme Court rule on the conformity of security bond contracts with competition law (ABI)

107

In Italy, the substantive courts once again ruled on applications to annul the guarantee contracts entered into with banks which, to that end, had reproduced a contractual scheme distributed in 2003 by the Italian Banking Association (hereinafter ’ABI’), some provisions of which had been (...)

Silvia Pietrini Italy: Tribunals of Napoli, Cuneo, Padua, Trapani, Teramo and Verona refuse to annul contracts concluded after the implementation of a cartel discovered after the conclusion of these contracts (ABI)

153

The "omnibus bonds" on which the Court of Cassation had ruled in 2017 (Cass. civ., 20 Sept. 2017, Albatel v. Unicredit, No. 29810, published on 12 Dec. 2017, see our commentary, Concurrences No. 1-2018, p. 204) have not finished fuelling the litigation before the courts of substance. An (...)

Silvia Pietrini Italy: The Italian Administrative Supreme Court rules on practices implemented by the Notarial Councils of Verona, Milan, Lucca and Bari (Councils of Italian notaries)

84

In four judgments handed down on 28 February 2019, the Council of State ruled on practices implemented by several Councils of Notaries which, in 2013, had been sanctioned by the Autorité garante de la concurrence et du marché (hereinafter "AGCM"), which had characterised restrictive competition (...)

Silvia Pietrini Italy: The Italian Competition Authority approves the acquisition of a manufacturer of sunglass lenses by the leader of the eyewear market, subject to conditions (Barberini / Luxotica)

191

By a decision of 19 November, the Autorité Garante de la Concurrence et du Marché (hereinafter ’AGCM’) authorised, subject to conditions, the concentration by which Luxottica Group S.p.A. (hereinafter "Luxottica"), the world leader in the eyewear sector and present in all the essential phases of (...)

Silvia Pietrini Italy: The Regional Administrative Court of Latium confirms the existence of a single complex and continuous infringement between three notarial councils and a professional association (ASNODIM)

123

By a judgment of 9 May 2018, the Regional Administrative Court of Lazio (hereinafter ’Tar Lazio’) confirmed the existence of a single complex and continuous agreement between the Notarial Council of the cities of Roma, Velletri and Civitavecchia (hereinafter ’CND Roma’) and a professional (...)

Silvia Pietrini Italy: The Italian Supreme Court recalls the conditions for characterizing an abuse of dominant position and the extent of legality review led by the Supreme Court (Commune de Rovigo)

99

In an order of 18 April 2018, the Italian Court of Cassation reviewed the conditions required to sanction the exploitation of a dominant position and the scope of the review carried out by the substantive courts and the supreme court. In this case, in 2013, the Venice Court of Appeal had (...)

Silvia Pietrini Italy: The Italian Competition Authority orders telecommunications operators to suspend the practice of rescheduling telephone billing conditions (Fatturazione mensile telefonica)

141

By a decision of 21 March 2018, the Autorité garantee de la concurrence et du marché (hereinafter ’AGCM’) adopted protective measures against four operators in the telecoms sector in order to suspend the practice of coordinating the commercial strategy relating to the timing of tariff changes to be (...)

Silvia Pietrini Italy: The Italian Competition Authority imposes tough sanctions on companies and credit institutions for unfair commercial practices in the investment diamond marketing sector (Investment Diamond Case)

114

The French Autorité des marchés financiers has repeatedly issued warnings about investment diamonds, often presented as a safe haven value that would ensure exceptional returns when in reality they are very risky offerings (see in particular Diamants d’investissement: méfiez-vous de ce qui brille, (...)

Silvia Pietrini Italy: The Milano Court points out the diversity of conditions required to characterize an abuse of dominant position and an abuse of economic dependency as well as aims pursued by the legislator (Next Mind c/ Vodafone Italia)

200

In a judgment of 12 October 2017, published on 6 December of the same year, the Court of Milan recalled that the provisions on abuse of a dominant position and abuse of economic dependence pursue different objectives and require different conditions. In the present case, on 26 November 2012, (...)

Silvia Pietrini Italy: The Italian Supreme Court rules on the nullity of a contract concluded downstream of an anti-competitive agreement found after the conclusion of this contract (Albatel c/ Unicredit)

132

In its ruling of 20 September 2017, published on 12 December of the same year, the Court of Cassation ruled on the nullity of a contract entered into following the implementation of an unlawful agreement in the banking sector which was found to have been entered into after the conclusion of the (...)

Silvia Pietrini Causal link: The Palermo Tribunal rejects a claim for damages following the conviction for an anti-competitive agreement in the absence of proof of the causal link between the anti-competitive practice and the alleged harm (Roche SPA c/ Terrasi)

143

By judgment of 17 May 2017, the Court of First Instance of Palermo ruled on an action for damages following the public action by which, in 2014, the Authority for the Protection of Competition and the Market (hereinafter ’AGCM’) had sanctioned an unlawful agreement between two pharmaceutical (...)

Silvia Pietrini Italy: The Italian Competition Authority establishes the existence of a cartel between the Italian banking association and several banks but does not impose any sanctions in the absence of a serious infringement of competition rules (ABI / SEDA)

135

By a decision of 15 May 2017, the Autorité garantee de la concurrence et du marché (hereinafter ’AGCM’) established the existence of an infringement of Article 101 TFEU in the banking sector in the form of an agreement for the provision of the SEDA (’Sepa Compliant Electronic Database Alignment’) (...)

Silvia Pietrini Italia: The Italian Competition Authority sanctions three cartels in the oxygen and respiratory services sector (Linde Medicale, Medicair Italia, Sapio Life, Vivisol e.a.,)

145

By decision of 21 December 2016, published on 19 January 2017, the Autorité garantee de la concurrence et du marché (hereinafter ’AGCM’) sanctioned 14 oxygen producers for participating in three cartels implemented in the course of several calls for tenders issued by local health units in the (...)

Silvia Pietrini Italy: The Milan Court and the Sciacca Court consider that the Euribor index is not itself the result of an anti-competitive agreement between banking institutions (Euribor ; Banca)

122

The judgment delivered by the Court of Milan on 22 December 2016 and published on 7 January 2017 and that delivered by the Court of Sciacca on 17 January 2017 remind us that the evidentiary difficulties encountered by the plaintiff who considers himself to be the victim of an illegal cartel may (...)

Silvia Pietrini Italia: The Milan Court finds admissible a class action launched after the competition authority sanctioned unfair commercial practices on consumers (Altroconsumo / Samsung Electronics Italia)

121

Few class actions have so far overcome the admissibility phase that characterises the Italian procedural model for class actions for compensation for individual damages in mass litigation. While one may question the effectiveness of this action and the impact of the transposition of Directive (...)

Silvia Pietrini Italy: The Milan Court of Appeal revisits the causal link and the evaluation of the loss in an action following the Competition Authority’s decision finding an abuse of a dominant position (Brennercom / Telecom)

133

In a judgment handed down on November 23, 2016 and published on January 2, 2017, the Milan Court of Appeal partially reversed the judgment of the Milan Court of Appeal, handed down on December 27, 2013, in a case following the conviction in 2007 of Wind and Telecom Italia for having implemented (...)

Silvia Pietrini Italy : The Court of Milan rules that simply attaching information from the press on the European Commission’s decision to sanction an agreement does not meet the burden of proof required for private action (Alpina Societa Immobiliare e Arno / Banco di Brescia San Paolo)

134

In a judgment of 21 April 2016, published last June, the specialised section for undertakings of the Court of Milan rejected the claims for compensation against two credit institutions on the grounds that the burden of proof had not been met in the case in question. The private plaintiffs had (...)

Silvia Pietrini Italy: The Italian Supreme Court states that the judge should ease the burden of proof that lies with any person seeking compensation by using the expertise (Italian Trade Consultant)

137

In a ruling of 23 March 2016, the Italian Court of Cassation urged the courts of first instance to facilitate the burden of proof on the victims of anti-competitive practices by resorting to judicial expertise ex officio. In the present case, an undertaking operating in the sector of (...)

Silvia Pietrini Italia: The Italian Council of State considers that the res judicata effect arising from the definitive annulment of a decision of the Competition Authority may extend to third parties to certain conditions subjected to sovereign appreciation of the trial courts (Services d’agence maritime)

131

In a judgment of 20 October 2015, published on 29 January 2016, the Conseil d’État held that undertakings which have not contested the penalty imposed by the Autorité garante de la concurrence et du marché (hereinafter ’AGCM’) cannot benefit from the annulment of the decision subsequently pronounced (...)

Silvia Pietrini Italy: The Court of Milan grants a request for damages caused by a margin squeeze practice adopted by a company that obtained a commitment procedure (BT Italia / Vodafone Omnitel)

256

In a judgment of 28 July 2015, published two months later, the specialised section for companies of the Court of Milan handed down a very interesting decision that could contribute to the building of Private Enforcement in Italy. This case follows the administrative procedure launched in 2005 (...)

Silvia Pietrini Italia: The Court of Appeal of Milan excludes an abuse of a dominant position of an airline company on the market for the sale of tickets and travel services tourism but confirms acts of unfair competition (Ryanair / Viaggiare)

142

By a judgment of 26 June 2015, published on 12 October of the same year, the Milan Court of Appeal allowed in part the action brought by the airline Ryanair against the judgment of the Court of Milan which, in 2013, had found it guilty of abuse of a dominant position by requiring consumers to (...)

Anne-Sophie Choné-Grimaldi, Ashley E. Bass, Florian Bien, Florian Wagner-von Papp, Luis Loras, Miguel Angel Malo, Paul Hitchings, Peter D. Camesasca, Rafael P. Amaro, Silvia Pietrini Implementation of EU Directive 2014/104 on actions for damages for infringements of competition law

4394

The directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...)

Silvia Pietrini Italy : The Italian Competition Authority recalls the principle of separation between management, facility regulation and service and assistance supply activities of a company (SAVE)

222

By a decision of 22 April 2015, the Competition and Market Authority (hereinafter ’AGCM’) sanctioned the company SAVE, which is responsible for the overall management of Venice Airport, for failing to assign the management of passenger and cargo ground handling services to a separate company, in (...)

Silvia Pietrini Italy : The Lazio Administrative Court considers that an undertaking that didn’t file an action against the sanction of the Competition Authority cannot benefit from the annulment of the decision sought by another cartel members (Hapag-Lloyd)

277

By a judgment of 25 March 2015, published on 30 April, the Regional Administrative Court of Lazio (hereinafter "TAR Lazio") dismissed the appeal made by a member of a cartel denounced under a leniency programme, which had requested the Autorité garantee de la concurrence et du marché (hereinafter (...)

Silvia Pietrini Italy : The Italian Supreme Court incites trial courts to adopt a functional approach of procedural rules in order to protect effectively the victims of anticompetitive practices (Retail of fruits and vegetables)

187

While the Directive on damages actions for breach of the law on anti-competitive practices has not yet been transposed, its impact is already tangible, as Member States’ courts are using the principles of the Directive as a starting point for the roadmap leading to the reform of their national (...)

Silvia Pietrini Italy : The Italian Supreme Administrative Court confirms the difficulty for the parties to access the file of the competition authority after the final closure of the administrative procedure (Carburéacteur)

225

CE it, Feb. 24, 2015, published on March 25, 2015, jet fuel case By a judgment of 24 February 2015, issued on 25 March, the Council of State upheld the judgment of the Regional Administrative Court of Lazio (hereinafter ’TAR Lazio’) in the jet fuel case, which had rejected the request of a party (...)

Silvia Pietrini Italy : The Lazio Regional Court considers that the redetermination of the sanction by the competition authority must be in compliance with the principle of proportionality and with the European Convention on Human Rights (Ready-mix concrete)

223

TAR Lazio, Nov. 19, 2014 and Jan. 28, 2014, published Feb. 25, 2015, ready-mix concrete case In two judgments in the case of the unlawful cartel found on the ready-mixed concrete market, published on 25 February 2015, the Regional Administrative Court of Lazio (hereinafter ’TAR Lazio’) held that (...)

Silvia Pietrini Italy : The Regional Administrative Court of Lazio confirms the penalty of the Competition Authority imposed against two pharmaceutical companies for illegal agreement in the ophthalmic treatment sector (Roche, Novartis)

263

By a judgment published on 2 December 2014, the Regional Administrative Court of Lazio (hereinafter ’TAR Lazio’) confirmed the factual analysis and the sanction imposed by the Authority responsible for competition and the market (hereinafter ’AGCM’) on the pharmaceutical laboratories Roche and (...)

Silvia Pietrini Italy : The Italian Supreme Administrative Court confirms the factual analysis of the Competition Authority but asks to determine again the amount of penalties in the cosmetics cartel

198

By a judgment published on 24 October 2014, the Italian Council of State ruled on the appeals against the judgment of the Regional Administrative Court of Lazio (hereinafter ’TAR Lazio’) partially confirming the decision of the Authority for the Protection of Competition and the Market (...)

Silvia Pietrini Service of general interest : The Italian Competition Authority considers that the separation is necessary when a company provides both services of public general interest and services subjected to competition

84

Aut. conc. it. 9 April 2014, aff. A.IR Autoservizi irpini-servizi di trasporto interregionali di competenza statale, Dec. No. 24878; and 16 April 2014, aff. Consorzio prontobus-ARPA, Dec. No. 24889 By two decisions of 9 and 16 April 2014, the Autorité garantee de la concurrence et du marché (...)

Silvia Pietrini Competitive harm : The Italian Supreme Court reminds the relationship between public and private enforcement and admits a shitf in the burden of proof of the conditions of liability for the damages suffered by consumers (Fondiaria – SAI c/ Nicola Perrini)

173

Cass. civ. 1, 27 March 2014, published on 28 May 2014, Fondiaria - SAI c/ Nicola Perrini, RGN 24519/2007 In a ruling of March 27, 2014, published on May 28, 2014, the Italian Court of Cassation revisited the relationship between Private Enforcement and Public Enforcement with regard to (...)

Silvia Pietrini Essential facilities : The Italian Regional Administrative Court confirms the sanction imposed on the incumbent telecommunications operator for abuse of dominant position (Telecom Italia)

137

TA Lazio, March 12, 2014, published on May 8, 2014, Telecom Italia, No. 4801 By a judgment of 12 March 2014, published on 8 May 2014, the Administrative Court of Lazio (hereinafter ’TAR Lazio’) dismissed the action brought against the decision of the Autorité garantee de la concurrence et du (...)

Silvia Pietrini Pharmaceutical sector: The Italian Competition Authority fines two pharmaceutical laboratories for an anticompetitive agreement aiming to favour an opthalmological treatment to the detriment of an alternative and cheaper medication (Roche Novartis)

211

AGCM, decision of 27 February 2014, published on 5 March 2014, Roche Novartis case By a decision of 27 February 2014, published on 5 March of the same year, the Autorité Garante de la Concurrence et du Marché (hereinafter ’AGCM’) condemned the pharmaceutical laboratories Roche and Novartis for (...)

Silvia Pietrini Abuse of rights: The Italian Supreme Administrative Court allows the appeal of the Competition and Market Authority regarding an abuse of rights committed by a dominant undertaking (Pfizer)

161

Council of State, Judgment of 14 January 2014, published on 12 February 2014, Pfizer case By a judgment of 14 January 2014, published on 12 February 2014, the Council of State annulled the decision of the Administrative Court of Lazio (hereinafter ’TAR Lazio’) by which the administrative judge (...)

Silvia Pietrini Dominant position : The Italian Supreme Administrative Court requires that the Competition Authority to allow a more rigorous analysis of unilateral conduct

106

EC it. 9 January 2014, published on 6 May 2014, No. 8134 By a judgment of 9 January 2014, published on 6 May 2014, the Council of State upheld the judgment of the Regional Administrative Court of Lazio (hereinafter ’TAR Lazio’) which, on 4 April 2014, had annulled the decision of the Competition (...)

Silvia Pietrini Private enforcement : The Italian Supreme Court considers that the commencement of the period of limitation of the civil action starts to run from the publication of the decision which sanctioned an anticompetitive practice (Lloyd Adriatico)

169

In the context of the saga of the insurance cartel in the automobile sector, the Italian Court of Cassation returned to the articulation of Private Enforcement and Public Enforcement in competition law, in particular to the starting point of the limitation period for the liability action (...)

Silvia Pietrini Access to file : The Lazio Regional Administrative Tribunal denied access to a portion of the record of the competition authority to prepare his defense in the civil proceeding (“Business jet fuel” )

162

By a judgment of 9 October 2013, published on 30 October 2013, the Regional Administrative Court of Lazio (hereinafter ’TAR Lazio’) rejected the appeal lodged by the oil company Esso italiana Srl (hereinafter ’Esso’) against the decision to refuse access to the documents in the file of the (...)

Silvia Pietrini Public enforcement : The Lazio Regional Administrative Tribunal states that the administrative procedure aiming to prove the existence of an anticompetitive practice should be terminated within a reasonable time and the parties have the right to speedily challenge the case against them (TAR Latium, Marcegaglia c/ AGCM)

164

By six decisions handed down on 5 June 2013 and published on 7 October last, the Administrative Court of Lazio (hereinafter ’TAR Lazio’) - the court for the review of decisions handed down by the Autorité garantee de la concurrence et du marché (hereinafter ’AGCM’) - considerably reduced or even (...)

Silvia Pietrini Italy: The Court of Milan says that the telecom operator has abused its dominant position and imposes to repair the damage suffered by a contractor (OKCom/Telecom Italia)

174

Court of Milan, judgment of 13 February 2013, OKCom/Telecom Italia case The Court of Milan has just published a landmark decision in the field of Private Antitrust Enforcement. First of all, it is the first time that a Tribunale - a court of first instance - has ruled on the subjective dispute (...)

Silvia Pietrini Italy: The Italian Competition Authority punishes four associations of notaries for the agreements that restrict national competition law (Lucca, ilano, Verona and Bari)

217

Competition Authority, Decisions of 30 May 2013, Consiglio notarile di Milano, Bari e Verona/controlli sull’applicazione della tariffa, No 749-l750-l753 In France, questions have long been raised about the purely commercial conception of the liberal professions and the applicability of (...)

Silvia Pietrini Italy: The Italian Supreme Court confirms the company condemned by the Italian Competition Authority is presumed responsible in a civil proceeding (Insurance case)

96

Sanctioned in 2000 by the Autorité garantee de la concurrence et du marché (AGCM), the insurance cartel gave rise to several actions for damages before various courts, including the Giudice di pace of Bitonto, which submitted a reference for a preliminary ruling to the ECJ in the famous Manfredi (...)

Silvia Pietrini Italy: The Administrative Tribunal of Lazio holds that prolongation of divisional patent protection is legitimate and decides on the principle of legal privilege (Pfizer)

212

The decision of the Administrative Court of Lazio (hereinafter ’TAR Lazio’) in the Pfizer case was eagerly awaited after in January 2012 the Competition Authority (hereinafter ’AGCM’) had imposed on the Pfizer group a fine of EUR 10,6 million for abuse of a dominant position on the market for the (...)

Silvia Pietrini Italy: The Administrative Tribunal of Lazio holds that exchange of business information with indeterminate content has not an anticompetitive object (Toshiba Medical Systems)

674

In a judgment published on 18 June 2012, the Lazio Regional Administrative Court (TAR Lazio) annulled the decision of 4 August 2011 by which the Competition Authority (AGCM) had sanctioned four companies - Alliance Medical, Toshiba Medical Systems - under Article 101 TFEU, Philips and Siemens (...)

Silvia Pietrini Italy: The Regional Administrative Court for Lazio decides on certain aspects of the leniency program and recalls the multimarket contacts theory (Beiersdorf/AGCM)

261

TAR Lazio, 12 October 2011, Beiersdorf c/ AGCM, n° 01751/2011 By judgment of 12 October 2011, the Lazio Regional Administrative Court (TAR Lazio) dismissed in part the action brought by a number of companies against the decision of the Italian competition authority - the Autorità Garante della (...)

Silvia Pietrini Italy: The Court of Milan decides on the intervention of a third party to class action and on the conditions required to bring class action (V.D. e ADUC/Microsoft)

281

By an order dated 20 October 2011, the Court of Milan ruled on certain procedural aspects of the new collective action contained in Article 140 bis of the Consumer Code (provision introduced by Article 49 of the Law of 23 July 2009, No. 99, in force since 1 January 2010). The president of the (...)

Silvia Pietrini Italy: The TAR Lazio rejects the request for access to the file of the Competition Authority submitted by a company intervened in the administrative procedure (Alitalia Linee Aeree Italiane)

330

While the thorny issue of access to the European Commission’s file documents in the context of a leniency procedure could soon be decided at European level by means of legislation (see statement by Mr Almunia at the conference "Challenges Old and New 19th International Competition Law Forum", (...)

Silvia Pietrini Italy – Unfair commercial practices: The AGCM has severely punished Apple for unfair trade practices against consumers and has refused the commitments proposed by the latter (Apple)

292

AGCM, 21 December 2011, Apple, n° 7256 Since 2007, the Italian Competition Authority (AGCM) has been empowered to investigate, decide and sanction unfair commercial practices. It is in this context that last December the AGCM imposed a fine of 900,000 euros on Apple Sales International and its (...)

Silvia Pietrini Italy – Private enforcement: The Italian Supreme Court states that the limitation of the right to compensation for damages shall run from the date of awareness for the victim of unfair prejudice (I. P./SARA Assicurazioni)

181

By judgment of 6 December 2011 No. 26188/2011, the third section of the Court of Cassation recalled that in competition matters, when the civil action is consequential to the public action, the principle applies that the limitation period for the right to compensation for the damage suffered (...)

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