Italy

Private antitrust litigation in Italy is, in general terms, governed by the same basic principles on which private litigation in general is based, but some relevant differences exist. Some peculiarities have been introduced through the implementation of Directive 2014/104 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. The Chapter explores these innovations and the way the Italian Courts are dealing with private enforcement of competition law. It has to be underlined that the Cargest ruling of the Court of Cassation (judgment No 11564/2015) has pushed for a more open attitude of judges towards the need to make appropriate procedural tools available to claimants, by advocating a not too strict intterpretation of the relevant procedural provisions. Thus, the Italian Court of Cassation has acted as a frontrunner as far as private antitrust litigation is concerned.