News
Directive on infringements of the competition law soon to be transposed
- 16/01/2017
The principle of free competition of Articles 101 and 102 of the Treaty on the Functioning of the European Union is an essential element of the European integration, in that it aims at allowing undertakings to compete under equal conditions in the internal markets of Member States.
For an effective application of such principle, Directive no. 104/2014 on “actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union” was passed in December 2014.
Such Directive, whose transposition by Member States was to be made by 2016, is the object of the Decreto Legislativo put under the scrutiny of the Council of Ministers on 14th January.
The Decreto Legislativo provides for a right to compensation to anyone who has suffered harm caused by infringements of competition law by an undertaking or an association of undertakings.
Such compensation is equivalent to the concrete amount of harm suffered, so as to eliminate its negative economic effects.
For a full protection of the principle of free competition in Italy, it is now necessary to wait for the conclusion of the legislative process.
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