L’European Competition Network tra rafforzamento della collaborazione e vecchi vincoli: l’attuazione in Italia della direttiva ECN+

Abstract

The European Competition Network between enhanced cooperation and old constraints: the implementation of the ECN+ directive in Italy - The article analyses the implementation (in progress) of the ECN+ Directive in the Italian legal system, focusing on the independence and liability mechanisms of the Competition and Market Authority (AGCM). - In particular, the delegation law does not go in the direction of a complete transposition of the directive. Therefore, even when the transposition process is concluded, compliance with competition rules will not be guaranteed. In any case, the higher level of procedural uniformity will allow a better cooperation within the ECN and a concentration on the most dangerous cases and on the most sensitive markets; while the strengthening of the investigative, decisionmaking and sanctioning powers of the AGCM should have a deterrent effect and ensure a more effective enforcement of antitrust law.