The Italian Regional Administrative Court in Lazio rules on the power of the Italian Competition Authority to accept commitments offered by undertakings under investigation for alleged anticompetitive conducts in the roadside assistance market (ANAS / Società Strada dei Parchi / Società Autostrada Tirrenica)

Background With two decisions issued on 22 April 2009, the Italian Administrative Tribunal (Tribunale Amministrativo Regonale, “TAR”) ruled on the power of the Italian Competition Authority (“ICA”) to accept commitments offered by undertakings under investigation for alleged anticompetitive conducts. In particular, the TAR found that the ICA had misapplied the relevant provisions of Italian competition law (Article 14 ter of Law n° 287/90) [1] as it had imposed measures which led to a new regulation of the sector concerned, thus exceeding its powers. The imposition of the remedies in question also resulted in a breach of the principle of proportionality, since the ICA accepted remedies which went beyond what was necessary to resolve the antitrust issues raised by the preliminary findings

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Authors

  • Ashurst (Brussels)
  • Legance - Studio Legale Associato (Rome)
  • Iliad (Milano)

Quotation

Denis Fosselard, Vito Auricchio, Lina Vitolo, The Italian Regional Administrative Court in Lazio rules on the power of the Italian Competition Authority to accept commitments offered by undertakings under investigation for alleged anticompetitive conducts in the roadside assistance market (ANAS / Società Strada dei Parchi / Società Autostrada Tirrenica), 22 April 2009, e-Competitions April 2009, Art. N° 26736

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