The Italian State Council sheds light on the scope of parties’ right of access to confidential documents held by the Competition Authority for the purpose of their defence in civil proceedings (Esso Italiana)

Introduction By judgment n. 1585/2015 of 25 March 2015, the Italian Council of State (Consiglio di Stato, hereinafter “CoS”), upheld the decision of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) not to grant Esso Italiana S.r.l. (hereinafter “Esso”) full access to the case-file of a cartel proceedings. Relevant facts On 15 June 2006, the ICA fined several oil companies operating in Italy, among which Esso, as they had engaged in anti-competitive conducts aimed at preventing the entry of new competitors and consolidating their positions in the market for storage and supply of jet fuel [1]. Afterwards, Alitalia, the incumbent airline in Italy and thus the main client of

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Authors

  • Legance - Studio Legale Associato (Rome)
  • Legance - Studio Legale Associato

Quotation

Vito Auricchio, Antonino Cutrupi, The Italian State Council sheds light on the scope of parties’ right of access to confidential documents held by the Competition Authority for the purpose of their defence in civil proceedings (Esso Italiana) , 25 March 2015, e-Competitions March 2015, Art. N° 75379

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