CASE COMMENTS: FOREIGN CASE LAW – COLLUSION – RES JUDICATA – THIRD PARTIES – LENIENCY PROGRAM

Italia: The Italian Council of State considers that the res judicata effect arising from the definitive annulment of a decision of the Competition Authority may extend to third parties to certain conditions subjected to sovereign appreciation of the trial courts (Services d’agence maritime)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment of 20 October 2015, published on 29 January 2016, the Conseil d'État held that undertakings which have not contested the penalty imposed by the Autorité garante de la concurrence et du marché (hereinafter 'AGCM') cannot benefit from the annulment of the decision subsequently pronounced by the supervisory courts by upholding the action brought by cartelists who participated in the same unlawful cartel. In 2012, as part of the leniency programme, the AGCM sanctioned a restrictive competition agreement within the meaning of Article 101 TFEU aimed at distorting the market for shipping agency services through a concerted increase in fees for agency

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Silvia Pietrini, Italia: The Italian Council of State considers that the res judicata effect arising from the definitive annulment of a decision of the Competition Authority may extend to third parties to certain conditions subjected to sovereign appreciation of the trial courts (Services d’agence maritime), 20 October 2015, Concurrences N° 2-2016, Art. N° 79550, pp. 228-230

Visites 131

All reviews