Lack of defence of the undertakings involved in antitrust follow on action. The «war» inside the Italian Supreme Court

Aldo Frignani

Mercato Concorrenza Regole, 2013, issue 3, 429-448

Abstract: This paper deals with the defendant's right of defense in actions for damages «followon» for infringements of the competition law provisions. The author illustrates the pathstarted by the Italian Supreme Court in the ruling n. 2305 of February 2, 2007 (caseFonsai v. Nigriello) dividing it in three parts. The conclusion of the paper is that in theItalian system the defendant's right of defence has been gradually «eroded» so that inthis type of actions it seems that the defendant is prevented from proving the lack of«causal link» between the infringement and the alleged harm.

Keywords: Antitrust; Actions for Damages under National Law; Burden of Proof; Right of Defense of the Defendant. (search for similar items in EconPapers)
Date: 2013
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.rivisteweb.it/download/article/10.1434/75701 (application/pdf)
https://www.rivisteweb.it/doi/10.1434/75701 (text/html)
Access to full text is restricted to subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:mul:jhpfyn:doi:10.1434/75701:y:2013:i:3:p:429-448

Access Statistics for this article

Mercato Concorrenza Regole is currently edited by Giuliano Amato

More articles in Mercato Concorrenza Regole from Società editrice il Mulino
Bibliographic data for series maintained by ().