CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – ITALY – PUBLIC ENFORCEMENT – CONSTITUTIONAL LEGITIMACY – CARTEL

Italy: The Italian Competition Authority cannot raise a preliminary question before the Constitutional Council (Council of notaries of Milan)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. By a decision of 31 January 2019, the Italian Constitutional Council declared inadmissible a question of constitutionality raised by the Italian Competition and Market Authority (hereinafter 'AGCM') on the ground that the latter is deprived of any legitimate interest in raising a preliminary question of constitutionality in an incidental manner (for an overview of the design and implementation of this legal instrument in Europe, see, by way of example, T. Santolini, La question prioritaire de constitutionnalité au regard du droit comparé, Revue française de droit constitutionnel, 2013/1, No. 93, pp. 83-105). In the present case, on 11 January 2017,

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Silvia Pietrini, Italy: The Italian Competition Authority cannot raise a preliminary question before the Constitutional Council (Council of notaries of Milan), 31 January 2019, Concurrences N° 2-2019, Art. N° 90514, pp. 202-204

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