December 1997 / January 1998

Italy: Judicial review

01 December 1997

The bottle-manufacturer case shows the need to find a system involving proportionality, in terms of the consideration of the issues, in the process of judicial review of the Autorità Garante’s decisions. This would allow a smooth enforcement of competition law. On the other hand the absence of judicial review would deprive companies subject to an investigation of their right of defence. These cases show that this delicate balance is still under review, allowing plenty of opportunity for successful appeal or delay, although in many cases TAR has upheld the decisions of the Italian competition authority.