The Situation: Over the last year, the Italian Competition Bill (Law 287/1990) has undergone a significant number of amendments aimed at strengthening the enforcement powers of the Italian Competition Authority ("ICA"). At...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
For the first time consumers' "collective interests," as opposed to "subjective rights," are explicitly recognized and protected by an ad hoc tool, the Representative Action, which has made significant changes in the domestic...more
On February 8, 2022, the Chamber of Deputies approved a proposed law ("Constitutional Reform" or "Reform") to include environmental, health and animal protection among the fundamental principles of the Italian Constitution,...more
2/25/2022
/ Business Plans ,
Capital Investments ,
Climate Change ,
Constitutional Amendment ,
Corporate Governance ,
Corporate Social Responsibility ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
Italy ,
Sustainability
Alternative Dispute Resolution Mechanism -
The Enabling Act provides for the reorganization (via a consolidated act) and the promotion of out-of-court means to resolve disputes, i.e., mediation and the so-called...more
In the fourth installment in our series of programs on the private enforcement of competition law in European jurisdictions, Jones Day partners Mario Todino and Lamberto Schiona discuss how private enforcement has evolved in...more
Italian COVID-19 legislation, with the aim of keeping companies alive by providing them with a short-term alternative to dissolution, provides for the suspension of (i) certain directors' obligations triggered by substantial...more
The Situation: Litigation in Italy has been unavoidably affected by the novel coronavirus (COVID-19) pandemic. Indeed, the Court of Milan alone holds up to 7,000 people daily, which is incompatible with the emergency rules on...more
Italy recently enacted a new insolvency code (the "New Insolvency Code"), which takes effect August 14, 2020. The New Insolvency Code sets up, inter alia, (i) a new preemptive restructuring framework; (ii) new rules...more
In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more
10/23/2019
/ Administrative Review ,
Anti-Competitive ,
Antitrust Violations ,
Competition ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Court of Justice (ECJ) ,
Exclusive Jurisdiction ,
Italy ,
Judicial Review
The Situation: Under the new Italian framework, class actions will no longer be limited to consumer protection matters, and collective redress may be sought through simplified proceedings.
The Developments: A recently...more
The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association.
The Result: The Court upheld the consumer's class action claim...more