L'attuazione delle regole di concorrenza fra private e public enforcement: contro il vincolo del giudice alle decisioni delle autorità indipendenti

The essay deals with the procedural rules of Italian legislative decree no. 3/2017, implementing Directive 2014/104/EU, that aim to facilitate coordination between private enforcement of competition law by the Italian courts and public enforcement of that law by the Italian competition authority. In particular, the author criticizes the legislative provision that makes the decisions of the competition authority binding in actions for damages brought before the national courts, as far as they declare an infringement of competition rules; and he also makes the case for an alternative pattern of coordination, according to which such decisions are only evaluated as evidence by the civil judge