The Reasonable Duration of the Pre-Investigative Phase in Antitrust Enforcement: Between Unavoidable Frictions and Avoidable Contradictions?
Il termine ragionevole della fase preistruttoria nell’enforcement antitrust: tra inevitabili frizioni ed evitabili contraddizioni?
Le délai raisonnable de la phase préliminaire dans l’application du droit de la concurrence : entre frictions inévitables et contradictions évitables ?
This article explores the issue of delays in the pre-investigative phase of antitrust proceedings conducted by the Italian Competition Authority (AGCM), focusing on the legal tensions between procedural guarantees and effective enforcement. It analyzes the Caronte case, where the CJEU ruled that the rigid 90-day deadline imposed by Italian administrative courts undermines EU law by restricting enforcement effectiveness and increasing the risk of impunity. The judgment reaffirms the need to balance due process and procedural autonomy with the principle of effectiveness in applying EU competition rules. The article also reflects on the broader implications of the ruling for ongoing cases and the relationship between national and EU legal systems in antitrust enforcement.
