Il private enforcement antitrust ed il ruolo centrale della disciplina processuale, di nuovo conio legislativo o di nuova concezione giurisprudenziale

The Author focuses the major importance of questions of evidence law within the EU Directive 104/2014 on private antitrust litigation, especially since the EU legislator decided to neglect the other incentives to private litigation which have been tested in US antitrust practice, like class action or multiple damages. A specific confirmation of the centrality of evidence law in private antitrust is offered by a recent judgment of Italian Supreme Court of Cassation, which makes direct application of the rationale of the Directive 104/2014, well before its enactment by the legislative, and holds that the provisions on evidence tools like discovery or expert evidence have to be interpreted with broader scope in an antitrust stand-alone litigation, in order to balance the ordinary lack of information of the claimant, which can prove prejudicial to any possibility of claim’s success.