The Italian Supreme Court opens the doors to standalone private actions (Cargest)

In its decision of 6 June 2015 [1] the Italian Supreme Court annulled the previous decision of the Court of Appeal of Rome [2], which had rejected the claim brought by a number of fruit and vegetable wholesalers (the “Wholesalers”) against Cargest - the company that manages the fruit and vegetable market in Rome - seeking that certain clauses of their lease agreement with Cargest were declared null and void since they amounted to an abuse of dominant position. Cargest provides wholesalers spaces and some other ancillary services to conduct their business. As it was the operator managing the only market for the distribution of fruit and vegetables in the city of Rome, in the claimants’ view it was in a monopolistic position and abused of its position by imposing unfair, discriminatory

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Sara Lembo, Giulio Matarazzi, The Italian Supreme Court opens the doors to standalone private actions (Cargest), 4 June 2015, e-Competitions Bulletin Burden of proof, Art. N° 76172

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