ANTITRUST

New rules make it easier for claimants to access evidence in antitrust damages actions in Italy.

Legislative Decree No. 3 of 19 December 2016, in force since 3 February 2017, has implemented into Italian law Directive 2014/104/EU, which aims to harmonise the laws of European Union member states on actions brought by companies and consumers for damages arising from the infringement of competition law.

Most notably, the decree opens a new avenue for claimants to access evidence.

In practice, the decree gives the court the power to order parties involved in the action, third parties or competition authorities to produce relevant evidence. This improves the position of claimants, for whom evidence in antitrust damages actions could previously be quite hard to access.

Failure to comply with an order to produce evidence can be punished with an administrative sanction worth 15K to 150K euros.

The decree settles the relationship between decisions of the Italian Competition Authority and court decisions in antitrust damages actions in Italy, by providing that for the purposes of an action for damages, a decision of the Italian Competition Authority that confirms the infringement of antitrust law – and is no longer appealable – is proof that the infringement occurred.

Other changes include clearer rules on the statute of limitations for the right to damages, on joint liability for infringers and on the assessment and quantification of damages.

Lastly, the decree provides that all antitrust damages actions in Italy fall under the competence of the specialised business sections of the Courts of Milan, Rome and Naples.