The Timely Initiation of Competition Law and Consumer Protection Investigations by the National Enforcer: Just An Antitrust/Consumer Protection Matter? Just an Italian Issue?
On September 5, the Advocate General Pikamäe is expected to deliver an opinion in the Caronte (C-511/23) and Trenitalia (C-510/23) cases. Despite the different legal bases, the cases revolve around the same question, that is whether competition law and consumer protection rules, read in the light of the effectiveness of administrative action, preclude national legislation, such as that arising from the application of Article 14(2) of the Italian Law on Administrative Offences (Law No. 689/1981 – ILAO), as interpreted in the most recent case-law, which requires the Competition Authority (AGCM) to initiate the investigation within a time limit of 90 days, starting from the moment the Authority has knowledge of the essential elements of the infringement, the latter of which may be met by the first report of the proceedings.
However, these are not the only two Italian cases on the subject. In fact, a third is on the way (AGCM, C-491/24), which results from a very recent decision involving antitrust proceedings against Apple and Amazon.
Since the three cases raise the same problem, it is helpful to review the background of the most recent one to understand why the upcoming opinions of the Advocate General should consider that the issue at hand extends beyond antitrust and consumer protection, as well as beyond the Italian context.