From unfair competition as a civil offence to unfair commercial practices as a mainly administrative one

The essay examines the Italian transition from unfair competition as a civil tort to unfair commercial practices as a mainly administrative offence. It analyzes the "spillover effects" resulting from the implementation of the UCPD Directives (2005/29/EC and 2019/2161/EU). The author highlights how the Italian choice to center enforcement on the National Competition Authority (AGCM) has led to an administrative "capture" of private law remedies. This shapes a model of "regulatory private law" where private enforcement remains ancillary to public action, also investigating the evidentiary value of AGCM decisions in civil follow-on lawsuits.