Abstract

With a recent ruling, the Specialized Section of business matters of the Court of Naples grants the form for damages’ compensation by an indirect buyer damaged by the truck cartel, providing some clarifications on issues not fully explored by national doctrine and jurisprudence. Through the reconstruction of the informative principles of Directive 2014/104/Eu and its transposition decree, the Court analyses the vexata quaestio concerning the starting date of the limitation period of the right to compensation for antitrust damages and the effectiveness of the decisions adopted at the end of a settlement procedure in civil proceedings. Moreover, in application of the principles of effectiveness and equivalence, which require the legislator and the judge to ensure the maximum efficiency of the competition rules, the Court recognizes the passing-on presumption in favor of the indirect purchaser, calculated on an equitable basis, in accordance with the need to guarantee an effective protection to the injured party.