CASE COMMENTS: FOREIGN CASELAW - CONCERTED PRACTICES – PARALLEL BEHAVIOUR
Italy : The Italian Supreme Administrative Court defines the burden of proof of the Competition Authority in case of parallel behaviour (’Expensive ferry’)
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By a judgment of 14 April 2015, published on 4 September, the Council of State dismissed the appeal brought by the Authority for the Protection of Competition and the Market (hereinafter "AGCM") against the decision of the Administrative Court of Lazio (hereinafter "TAR Lazio") which, in 2014, had annulled the decision in the "ferry cher" case. For the record, the AGCM had sanctioned four shipping companies for concerted action on prices, relying mainly on the significant increase in transport prices observed on certain tourist routes. The Lazio TAR subsequently annulled the decision, considering that the AGCM had not demonstrated that these tariff increases
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