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Competition law sanctions and the relations between administrative and criminal law. The Book and the Sword: the Antitrust Authority and the Lion of Saint Mark

di - 28 Maggio 2014
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See Michel Petite[32] who reminds us that European Law requires unlimited judicial review by the administrative courts. How not to agree with the need for unlimited jurisdiction?[33]. But unlimited jurisdiction, precisely because it is not the jurisdiction of a supreme Court and therefore formal, must be exercised gracefully – in terms of level and with measured and limited quantity – if, it is true, as we are told that the first instance administrative judges (or more specifically the first section of the Lazio Regional Administrative Court), overrule eighty percent of the decisions of the Competition Authority, this is not because the Competition Authority has not done its job well, but because the Court does not know the rule, or the parameter of its powers of review go beyond, go well beyond, what is necessary[34].
Again for this reason it is proper for the Authority to be able to adopt criteria, guidelines, which I believe go exactly in the direction of satisfying the entrepreneur and the market player who will know how to behave, and if they behave poorly knowing the rules they may rightly merit a severe penalty, according to the principle of proportionality and appropriateness of the penalty considering the unlawful conduct of which in this case it would certainly be well aware.
We will stop here in the belief that acknowledging the Authority’s function as regulatory means allowing it to enact rules in advance, and in the belief that a few additional pages in the book of the Rules of commerce, that the Lion of Saint Mark holds with its paw may increase the effectiveness of the (and also less ferocious) use of the sword held in the other paw as well.

This is the edited transcript of the “Competition law sanctions and the relations between administrative and criminal law” Conference held in Rome on the 24th October, 2013.

Italian Version

Note

32.    In the article published in this work, supra, p. .. ss.

33.  The reference is to my work, Il ricorso di piena giurisdizione davanti al giudice amministrativo, vol. I and II, Cedam, Padua, respectively 2000 and 2001.

34.  Reference is made to my work Tutela della concorrenza e pubblici poteri,Giappichelli, Turin, 2007, Chapter IV.

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