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.

Camilleri, E. (2026). From unfair competition as a civil offence to unfair commercial practices as a mainly administrative one. In De Cristofaro, K. Fornasier (a cura di), Spillover effects of european law on national private law : a comparative analysis (pp. 149-171). Intersentia. Lefebvre Group.

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

Camilleri, Enrico
2026-07-01

Abstract

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.
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Settore GIUR-01/A - Diritto privato
Camilleri, E. (2026). From unfair competition as a civil offence to unfair commercial practices as a mainly administrative one. In De Cristofaro, K. Fornasier (a cura di), Spillover effects of european law on national private law : a comparative analysis (pp. 149-171). Intersentia. Lefebvre Group.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10447/714567
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