The note comments on the recent decision by the Administrative Tribunal of Lazio, which overturned the decision n. 25382 by the Italian competition authority (AGCM). The note focuses on two principles outlined by the Tribunal in its decision: the hypothesis of collusion as set out by the competition authority should be the only one which enables to “make sense” of the companies’ behaviour; and, when checked against the relevant economic theory, the alleged agreement should in principle be apt to produce effects on the market concerned (so that it would represent a rational strategy for the companies involved). According to the Tribunal, the competition authority failed both tests.
The note is in Italian.
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