The Time Limit for Initiating the Investigation in Proceedings Before the Italian Competition Authority
CJEU, 30 January 2025, case C-510/23, Trenitalia and C-511/23, Caronte & Tourist
Il termine decadenziale per avviare l’istruttoria nei procedimenti davanti all’Autorità Garante della Concorrenza e del Mercato
Le délai pour initier l’enquête dans les procédures devant l’Autorité italienne de la concurrence
The judgments in question provide an opportunity to delve into certain critical elements that have emerged in the recent administrative case-law concerning the applicability of the 90-day period provided for in Article 14 of Law No. 689 of 24 November 1981 to proceedings before the Italian Competition Authority. The CJEU, while emphasizing the importance of setting reasonable timeframes for the various phases of the procedure, considers the 90-day term to be contrary to EU law, as it would prevent the AGCM from carrying out all the necessary preliminary investigative activities and from choosing which actions to undertake based on the degree of priority, in full independence. In light of the recent CJEU rulings, it becomes crucial for the Administrative Judge to assess the reasonableness of the duration of the pre-investigation phase, taking into account the specifics of the concrete case.
