Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?

Answer ... Pursuant to Article 33(1) of Law 287/90, the Regional Administrative Court of Lazio has exclusive jurisdiction over appeals of Italian Competition Authority decisions, which may be appealed before the court within 60 days of notification. The first-instance judgment in turn can be appealed before the Supreme Administrative Court within 30 days of notification or within three months of publication. Exceptionally, Supreme Administrative Court judgments may be appealed before the Italian Supreme Court on jurisdictional and competence grounds or for revocation.

An appeal is essentially limited to a review of the legality of the Italian Competition Authority’s decision (ie, an assessment of whether the authority based its conclusions on accurately stated facts and supported its decisions with adequate and consistent grounds). However, the review court cannot replace the Italian Competition Authority’s assessment, which is within the discretionary powers vested therein, with its own appraisal.

Pursuant to Article 134 of the Administrative Code, the administrative judge has full merits jurisdiction on fines (including reducing or lifting a fine).

For more information about this answer please contact: Paolisa Nebbia from Shearman & Sterling LLP
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?

Answer ... Parties that were entitled to participate in the Italian Competition Authority proceedings (see question 3.4) may appeal its decision.

For more information about this answer please contact: Paolisa Nebbia from Shearman & Sterling LLP