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NUMERO 14 - 09/07/2014

stato » dottrina - di Rosa Perna

 Full Judicial Review: Menarini Practical Experiences and Beyond

In 2003, the Italian Antitrust Authority, AGCM (Autorità Garante della Concorrenza e del Mercato) had imposed a fine of € 6 million on Menarini for having operated between 1997 and 2001 with other four pharmaceutical firms a complex price-fixing and market-sharing arrangement in the market for diagnostic tests for diabetes. Menarini contested the decision, though without success, in front of the competent Italian courts (i.e., the Regional Administrative Tribunal of Latium, the Council of State and the Court of Cassation). Once exhausted all national remedies, the applicant brought its case before the ECtHR. Menarini’s main contention was that the Italian system of judicial review of the AGCM’s antitrust decisions infringed its right to a fair trial under art.6 (1) ECHR, in so far as it did not allow the company to have access to a court with powers of full judicial review, nor to obtain a judicial re-examination of the antitrust decision... (segue)



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