L’efficacia di accertamento autonomo del provvedimento AGCM : profili sostanziali e processuali

The essay examines the domestic legal framework of the private enforcement of 45the competition law, observing that it introduces, in accordance with EU law, autonomous evidential binding effects for the decision of AGCM. The judicial remedies should adapt to this legislative option, that, in any case, just confirms the centrality and coherence with EU law of the well known construction of the authoritative administrative act as an instrument for the protection of the citizens. In particular, the formal relevance of this authoritative character also in relation to civil actions suggests the necessity of an administrative judicial scrutiny, that, although for the main purpose of setting aside the administrative decision, addresses the merits of of the alleged antitrust infringment, in line with the canon of full jurisdicton.