ANTITRUST | AG Priit Pikamäe on the time limit for investigation proceedings before the ICA

On 5 September 2024, Advocate General (“AG”) Priit Pikamäe delivered his Opinion in Case C-510/23 – Trenitalia SpA v Autorità Garante della Concorrenza e del Mercato (“Case”). The Case followed the preliminary question lodged before the ECJ by the Italian Administrative Court of First Instance of Lazio in its judgment 12962/2023. The aforementioned preliminary questions regarded the 90-day time limit imposed on the Italian Competition Authority (“ICA”) for initiating the investigation procedure for establishing abuse of a dominant position. The AG considered said time limit problematic, both in relation to investigations concerning the abuse of a dominant position and those concerning unfair commercial practices. This was due to (i) its brevity, because the cases within the ICA’s jurisdiction required complex investigations and technical-economic assessments, as well as (ii) its inflexibility, given that such a time limit applied even in cases that were more complex in fact and in law. In the AG’s view, these features could prevent the ICA from ensuring the effective application of competition law and consumer protection rules.

Newsletter n. 99 – August/September 2024