CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – ITALY – PRIVATE ENFORCEMENT – COMMITMENTS PROCEDURE – LIMITATION PERIOD – PROBATORY VALUE

Italy: The Italian Supreme Court takes decisions on the starting point of the limitation period and the probative force of a decision of the Italian Competition Authority pronounced within the framework of a commitment procedure (Uno Communications / Vodafone)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment of 27 February 2020, the Italian Court of Cassation handed down a very interesting ruling on the starting point of the statute of limitations and the evidentiary force of a decision of the Competition Authority pronounced in the context of a commitment procedure. The case follows the administrative proceedings conducted in 2005 by the Competition and Market Authority (hereinafter 'AGCM') against Wind, Telecom Italia and Vodafone. Unlike Wind and Telecom Italia, which were found guilty in 2007 of abusing their dominant position on the wholesale market for call termination on their fixed and mobile networks (Decision of 3 August 2007 No 11731,

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Silvia Pietrini, Italy: The Italian Supreme Court takes decisions on the starting point of the limitation period and the probative force of a decision of the Italian Competition Authority pronounced within the framework of a commitment procedure (Uno Communications / Vodafone), 27 February 2020, Concurrences N° 4-2020, Art. N° 97601, pp. 246-249

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