The Italian Supreme Court defines causation and the limitation period for damages claims (Fondiaria SAI/Nigriello)

This is a follow-on action from a decision of the Italian NCA which in 2000 sanctioned as contrary to article 2(2) of Law 287/90 (the Italian Competition Act) a concerted practice consisting in the systematic exchange of sensitive commercial information among several Italian insurance [1] This decision has generated a number of consumer claims, two of which have been handled by different sections of the Court of Appeal of Naples (the competent court at first instance for this type of claims), with divergent outcomes. In one case, the Court of Appeal held that per se participation in an information exchange cannot be considered as an immediate and direct cause of the increase of the premium paid by consumers. The Court of Appeal was plainly bamboozled by the defendant's argument

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  • Shearman & Sterling (Rome)

Quotation

Paolisa Nebbia, The Italian Supreme Court defines causation and the limitation period for damages claims (Fondiaria SAI/Nigriello), 15 December 2006, e-Competitions Bulletin December 2006, Art. N° 13304

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