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

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  • Aldo Frignani

Abstract

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

Suggested Citation

  • Aldo Frignani, 2013. "Lack of defence of the undertakings involved in antitrust follow on action. The «war» inside the Italian Supreme Court," Mercato Concorrenza Regole, Società editrice il Mulino, issue 3, pages 429-448.
    • Handle: RePEc:mul:jhpfyn:doi:10.1434/75701:y:2013:i:3:p:429-448
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