Gustavo Olivieri

I nuovi poteri cautelari dell'AGCM tra diritto comunitario e diritto interno

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In order to better enforce national antitrust law the Italian Competion Authority (AGCM) has been recently provided with interim measures. These measures can be adopted "in urgent cases where there is a risk of serious, irreparabile damage to competition" (article 14-bis, law n. 287/1990). The new provision seems "prima facie" to be consistent with the one already provided for by article 5 of reg. CEE n. 1/2003, according to which National Antitrust Authorities are empowered to adopt interim measures in applying European competition law. However, some differences between national and european Authorities in applying this instrument are pointed out. In particular, the possibility to adopt interim measures "inaudita altera parte" and the concept of the "irreparable damage to competition" are focused in the article in order to outline an interpretation of Italian law as coherent as possible with the European one. In this perspective, useful information can be provided for by the communication of AGCM on the application of interim measures of December 14, 2006.


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