ANTITRUST | The Italian Administrative Court of First Instance dismissed an appeal against a decision to accept commitments

On 7 July 2026 the Italian Administrative Court of First Instance (TAR Lazio) dismissed the appeal lodged by certain companies operating in the maritime freight and passenger transport sector seeking the annulment of a decision by which the Italian Competition Authority (ICA) had accepted the structural and behavioral commitments submitted by different companies (the Companies) operating in the same sector. More specifically, the ICA deemed the commitments submitted by the Companies suitable for removing the risks associated with the possible existence of a cartel contrary to Article 101 of the Treaty on the Functioning of the European Union (TFEU), arising from the conclusion of corporate and financial agreements between the Companies. In its judgment, the TAR Lazio noted that the ICA enjoys broad discretion as to both the substance and the manner of accepting proposed commitments, from which it follows that the administrative court’s review is limited to assessing the completeness and truthfulness of the facts adduced and the absence of manifest errors or unlawfulness. On the merits, the TAR Lazio held that the appeal was unfounded, deeming the ICA’s decision to be reasonable and supported by consistent forward-looking financial documentation.

Newsletter n. 120 – July 2026