• The New Italian Competition Authority’s Locus Standi to Challenge Administrative Acts
  • February 6, 2013
  • Law Firm: Norton Rose Canada LLP - Montreal Office
  • The Monti government introduced a number of significant legislative reforms over the last year.

    Among these reforms, one entrusts the Italian Competition Authority (“ICA”) with the power to challenge certain administrative acts that give rise to competition concerns before the administrative courts (i.e. TAR Lazio as court of first instance and Consiglio di Stato as Supreme Administrative court).

    According to Art. 35 of Law Decree No. 201/2011, as converted into law by Law No. 214/2011, the ICA may challenge any administrative act, regulation or any act issued by a public administration which allegedly violates competition law.

    In particular, should the ICA consider that a public administration has adopted an act that is not in compliance with competition law, it will provide such administration with a non binding opinion illustrating the anticompetitive nature of the act and requiring the administration to amend/remove the act. Should the public administration not comply with the non binding opinion issued by the ICA within the prescribed time limit, the latter may challenge the act before the administrative courts.

    On the basis of the above, a detailed client briefing paper that illustrates the new legislative framework and provides guidelines on the application of such legislation is enclosed.