ANTITRUST | Council of State on limits of a judicial review of ICA’s decisions

On 9 October 2024, the Italian Council of State confirmed the Regional Court of Lazio’s decision in the case concerning the acquisition of sole control of I. Blu S.r.l. by Iren Ambiente S.p.A.. The Council of State declared that a decision authorising a concentration cannot be appealed if the appellant did not participate in the pre-investigation procedure and, consequently, did not submit its observation to the Italian Competition Authority (‘ICA’) on the case under investigation. Otherwise, there would be a risk that the Court would replace the ICA in the assessment of facts that are subject to its technical discretion.

Newsletter n. 100 – October 2024