Legislative Decree No. 206 of September 6, 2005, Consumer Code<\/p>\n
On the AGCM’s discretion in assessing the suitability of commitments undertaken by a company to cease unfair conduct<\/p>\n
Independent authorities \u2013 Italian Competition Authority \u2013 Unfair Commercial Practices \u2013 Commitments undertaken by the company \u2013 Assessment of suitability \u2013 Discretion<\/p>\n
Pursuant to Article 27, paragraph 7, of Legislative Decree No. 206 of 2005, the Competition and Market Authority enjoys broad discretion in accepting or rejecting offers of commitment to cease unfair conduct by entities that are the subject of infringement proceedings. This discretion is expressed in two ways:<\/p>\n
i) both in determining whether the case, due to its intrinsic gravity and the manifest nature of the unfairness examined, merits finalizing the sanctioning procedure, which would otherwise be inhibited by acceptance of the declaration of commitment;<\/p>\n
ii) and in evaluating the specific contents of the declaration expressing the ius poenitendi; thus, even the assessment of the actual suitability of the proposed commitments to eliminate the situations that gave rise to the disputes falls within the technical-discretionary evaluation of the commitments presented within the scope of the broad power vested in the Authority. (1).<\/p>\n
Independent Authorities \u2013 Italian Competition Authority \u2013 Unfair Commercial Practices \u2013 Commitments Made by Companies \u2013 Discretion \u2013 Judicial Review \u2013 Limits<\/p>\n
The AGCM’s discretionary assessment in accepting or rejecting offers of commitments to cease unfair conduct from entities subject to infringement proceedings is subject to judicial review only ab extrinsic and is implemented only if the expressed motivation is clearly illogical or unreasonable. (2)<\/p>\n
(1) Conforming: Council of State, Section VI, No. 11175 of 2023
\n(2)There are no precedents in the exact terms.
\n <\/p>\n
Source: Administrative Justice<\/p>\n
<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Legislative Decree No. 206 of September 6, 2005, Consumer Code On the AGCM’s discretion in assessing the suitability of commitments undertaken by a company to cease unfair conduct Independent authorities \u2013 Italian Competition Authority \u2013 Unfair Commercial Practices \u2013 Commitments undertaken by the company \u2013 Assessment of suitability \u2013 Discretion Pursuant to Article 27, paragraph 7, of Legislative Decree No. 206 of 2005, the Competition and Market Authority enjoys broad discretion in accepting or rejecting offers of commitment to cease unfair conduct by entities that are the subject of infringement proceedings. This discretion is expressed in two ways: i) both…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[223],"tags":[],"yoast_head":"\n