Responsabilità civile e illecito antitrust

The study offers a comprehensive and up-to-date overview of the recourse to compensatory protection for damages incurred as a result of conducts integrating infringements of antimonopoly rules. Starting from the first theoretical openings linked, from a community perspective, to the direct effectiveness of Articles 101 and 102 TFEU and, from a municipal perspective, to the instrumental use of the discipline of repression of unfair competition, the maturation of the conditions that later led to the enactment of Directive 2014/104/EU is described and the fundamental junctures of this directive, as well as of the national transposition discipline (d. lg. 3/17), are analysed. lg. 3/17), the fundamental junctures are analysed: from the complementarity with public enforcement to the conditions of access to the remedy, from the regime of evidence to the causal link, from compensable damage and the criteria for its estimation to passive legitimation and the statute of limitations regime. However, the ideal thread running through the discussion is the question as to the real nature of the reparatory remedy for antitrust damages, considering that the succession of important interventions by the Court of Justice leaves more and more traits of statutory self-sufficiency of the remedy itself emerging with respect to the national tortious models, which have traditionally provided the supporting structure, but above all exposes features that in the end are ill-suited to the basic lines of civil liability and its evolutionary trajectory.