The Italian Court of First Instance in Milan holds that a claim exclusively aimed at obtaining from a national Court a judgment contrary to a Commission’s assessment, to avoid private enforcement, is inadmissible (ENI)

On 11 May 2009, the Court of First Instance (Tribunale) in Milan handed down judgment in a civil action lodged by the Italian company ENI relating to the synthetic rubber cartel for which it was fined by the European Commission in November 2006. In the context of cross border private damages actions for breach of European competition law, the case raises significant issues in terms of the legal tactics that can be used to exploit or avoid "forum shopping" and to attempt to ward off actions altogether. The cartel In its decision of 29 November 2006, the European Commission found that a cartel had operated among the main producers of synthetic rubber (butadiene and emulsion styrene butadiene) between at least 1996 and 2002. The Commission found that companies belonging to the ENI,

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Filippo Fioretti, The Italian Court of First Instance in Milan holds that a claim exclusively aimed at obtaining from a national Court a judgment contrary to a Commission’s assessment, to avoid private enforcement, is inadmissible (ENI), 11 May 2009, e-Competitions May 2009, Art. N° 77294

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