Giurisdizione antitrust: l'anomalia italiana
Are you already subscribed?
Login to check
whether this content is already included on your personal or institutional subscription.
Abstract
Contrary to most other EU Countries, Italy assigns the control on the Antitrust Authority's decisions to the Administrative jurisdiction. The article questions the aptness of such jurisdiction to properly check the merit of the Authority's decisions, while adequately ensuring the parties' rights to a due process of law. Further, it questions the compliance of the administrative jurisdiction vis-à-vis the Maastricht principles on vertical and horizontal integration. The Authors suggest that a future legislative reform should reconsider the present choice and devolve the control on antitrust decisions to the Civil Jurisdiction.