The Italian Administrative Court of First Instance quashes, for the first time ever, an infringement decision adopted following two leniency applications (Shipping agencies services)

In its judgment delivered on 15 January 2013, the Italian Administrative Court of First Instance ("Tar Lazio") [1] quashed for lack of evidence, the infringement decision adopted by the Italian Competition Authority ("ICA") on the Shipping agencies services case [2] which was initiated on the basis of two leniency applications [3]. More precisely by the annulled decision the ICA ascertained the existence of a single framework agreement in breach of Article 101 TFUE composed of a horizontal agreement between 15 shipping agencies operating in the port of Genoa [4], and a vertical agreement between the trade associations of shipping agencies and the freight forwarders ("Assoagenti" and "Spediporto"). As to the horizontal agreement, the ICA found that, within the Assagenti's Port Committee,