The Italian Supreme Court clarifies the evidentiary value of a competition infringement established by the Bank of Italy in follow-on actions (Bosco / Banca Popolare di Bergamo)

Introduction By the judgment handed down in Bosco v Banca Popolare di Bergamo [1], the Italian Court of Cassation has considered the evidentiary value of a decision made by the Bank of Italy concerning an anti-competitive practice in the banking sector. The question addressed by the Court of Cassation was whether a claimant in an invalidity action could submit a previous decision of the banking regulator as evidence of the competition breach that triggered the nullity of the challenged contract. The facts of the case Before the amendment made by the Law no. 262/2005 to the Law no. 287/1990, the Italian Competition Law (ICL), the Bank of Italy was in charge of applying the ICL to the banking sector. By its resolution of 2 May 2005, the Bank of Italy found that the terms in Articles

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  • Desogus Law Office (Cagliari)

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Michele Giannino, The Italian Supreme Court clarifies the evidentiary value of a competition infringement established by the Bank of Italy in follow-on actions (Bosco / Banca Popolare di Bergamo), 22 May 2019, e-Competitions May 2019, Art. N° 90783

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