Aldo Frignani

Lack of defence of the undertakings involved in antitrust follow on action. The «war» inside the Italian Supreme Court

  • Abstract

Informations and abstract

Keywords: Antitrust, Actions for Damages under National Law, Burden of Proof, Right of Defense of the Defendant.

This paper deals with the defendant's right of defense in actions for damages «follow on» for infringements of the competition law provisions. The author illustrates the path started by the Italian Supreme Court in the ruling n. 2305 of February 2, 2007 (case Fonsai v. Nigriello) dividing it in three parts. The conclusion of the paper is that in the Italian system the defendant's right of defence has been gradually «eroded» so that in this type of actions it seems that the defendant is prevented from proving the lack of «causal link» between the infringement and the alleged harm.

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