Criminal Law, Ending of Competition Deeds in place in the exercise of a Commercial, Industrial or Productive Activity, Obstacle of freedom of self-determination of the Concurrent Company, Criminal Issue Decided n. 49343 of 11/28/2019, United Sections Supreme Court of Cassation
Normative requirements
Law 10 October 1990, n. 287, articles 2, 3; T.F.U.E., articles 101, 102; cod. civ., art. 2598; cod. pen., art. 513-bis.
Order of referral of the Third Criminal Section
If, for the purpose of configuring the crime of illegal competition with violence or threats, it is necessary to carry out typically competitive illicit conduct or, on the other hand, it is sufficient even just to carry out acts of violence or threat, however suitable to oppose or hinder others freedom of competition.
Decision
It is necessary to carry out acts of competition which, carried out in the exercise of a commercial, industrial or in any case productive activity, are characterized by violence or threat and are suitable to contrast or hinder the self-determination freedom of the competitor.
Determined Criminal Issue n. 49343 of 11/28/2019
02/12/2019
Source Supreme Court of Cassation
