Date: 15 June 2021
Time: 1:00 PM UTC
Duration: 60 min
Language: English
Format: Online
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Italy: Competition litigation in Italy: Developments & Intricacies

In recent years, antitrust damage actions have become quite popular in Italy. Customers are increasingly becoming aware of their right to compensation stemming from anticompetitive conducts, especially in connection with the decisions of the Italian Antitrust Authority (Agcm) and the European Commission (so called follow-on actions). 

The Italian system has become more attractive for claimants - including foreign claimants - also thanks to the smooth implementation of EU Directive 2014/104 on the effective redress for the victims of competition law breaches. Not only has the right to compensation for harm caused by infringements of competition law been expressly acknowledged and regulated; in a bid to ensure consistent application of the new and innovative rules, the number of courts entrusted with hearing competition law damages claims has been reduced to just three nationwide.

Other factors may add to the attractiveness of the Italian courts for litigating antitrust damage claims: 

  • the costs of judicial actions are relatively low, compared with other jurisdictions; 
  • the involvement of experts may not be necessary up to the stage of the proceedings where evidence is collected and evaluated by the court; 
  • Italian judges are given wide discretion as to when and how to invite the parties to seek consensual settlement and may recommend to the parties the concrete terms of a potential settlement; 
  • nothing prevents third party funders from either funding or even purchasing cartel damages claims, a factor that may convince a number of otherwise reluctant victims to proceed against their suppliers;
  • the - once infamous – overall length of judicial proceedings has significantly shortened and is currently in line with other major European jurisdictions, if not shorter.
Gennaro D'Andria

Gennaro d’andria is the managing partner of 3D Legal – DANDRIA Studio Legale. After studying law in Naples, he obtained an LLM degree from King’s College London. His practice covers a broad range of commercial and transactional issues, including antitrust, contracts and litigation. In addition to being a member of the Italian Bar, Gennaro is also a member of the International Bar Association and the German association of competition law specialists. He currently chairs the Italian section of the Marketing & Advertising Commission of the International Chamber of Commerce.

Roberto Pirozzi

Roberto Pirozzi is a partner at the firm who specialises in commercial litigation, corporate law, real estate and regulatory matters. He has practised with some leading law firms in Italy and in New York and is a member of the Bar in both Rome and New York. Roberto has post-graduate degrees in Administrative Law and Public Procurement as well as Comparative Legal Studies. He currently teaches International Commercial Law at LUMSA University and International Business Law at the American University of Rome.

Adrian Chopin

Adrian is Co-Founder and Managing Director, leading Bench Walk Advisors’ London office, which he opened in 2017. Combining a background in banking and law, Adrian has reputation as one of the most creative and deal-oriented individuals in the industry, having funded more than 200 individual commercial cases during his career in litigation funding.Prior to joining Bench Walk, Adrian founded a new litigation funding business for a large hedge fund, which he built into a market-leading, highly profitable and well-diversified business of over $100 million in under two years. Before entering the litigation funding market, Adrian was head of the Debt & Equity Solutions Group for Deutsche Bank, New York, where he ran a large number of ground-breaking structured finance and regulatory capital transactions. Adrian began his career at Magic Circle law firm Allen & Overy in London.

He is regularly acknowledged by leading global industry publications, including Chambers and Partners where he is ranked Band 1 in Litigation Support. He is among Law Dragon’s Global 100 Leaders in Legal Finance and is recognised as a ‘Thought Leader: Third-Party Funding’ by Who’s Who Legal. Adrian has authored a series of articles on the structuring, pricing and risk analysis of litigation funding transactions.

Bianca Carter

Bianca is Marketing & BD Director at 3D Legal since 2019. She has over 15 years’ experience in marketing and business development, of which the last few years have been spent focusing within the legal sector.

Working across the UK, US, EMEA and Caribbean regions, she has gained experience in a number of key areas of practice and industries such as dispute resolution, antitrust, real estate, aviation, life sciences and other regulatory industries.

Bianca is skilled in understanding and assessing complex client needs, driving business forward and developing ways to enhance business by providing value beyond law.

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