Abstract

This paper examines some issues arising from the application of the Italian administrative procedure law to antitrust proceedings of the Italian Competition Authority under Articles 101 and 102 of the Tfeu. In particular, the rules concerning the timing of the proceedings and their strict interpretation by the Italian administrative judges seem to violate the principle of effectiveness, contrary to Article 4(3) of the Treaty of the European Union. The risk, which has already occurred and is growing in prospect, is that many cartels and abuses of dominance that violate competition law and cause serious damage to markets and consumers will go essentially unpunished. On the basis of this conclusion, it would be highly desirable an amendment of the current legislation, to introduce more reasonable provisions capable of balancing the rights of defense and the principle of due process with the principle of effectiveness. In the meantime, in accordance with a recent judgment by the European Court of Justice, the interpretation of the existing rules should change and be carried out in line with the general principles of European competition law