The Italian Council of State rules that in antitrust proceedings the Competition Authority is required to open investigations within 90 days from the moment it has full knowledge of the competition infringement and its effect

On 26 May 2022, the Italian Council of State (the “Court”) upheld the appeals filed by a number of companies that had been sanctioned in 2018 by the Italian Competition Authority ("Authority" or "AGCM") for bid-rigging practices in connection with their participation in public tenders for the award of private security services (AGCM proceeding I/821; Council of State Judgements no. 8399-8400-8503-8504-8505/2022). The Council of State annulled the fines on procedural grounds, ruling on the time-limit by which the AGCM is required to start the investigation once it has full knowledge of the competition infringement and of its effects. The case originated from third-party complaints received by the Authority between April and May 2015, which had signaled potentially anti-competitive

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Francesca Scalet, Irene De Beni, The Italian Council of State rules that in antitrust proceedings the Competition Authority is required to open investigations within 90 days from the moment it has full knowledge of the competition infringement and its effect, 26 May 2022, e-Competitions May 2022, Art. N° 109621

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