On June 20, 2019, the Council of State partially annulled a ruling delivered by the TAR Lazio in 2013,[1] which had reduced the fine imposed by the ICA on San Marco S.p.A. – Industria Costruzioni Meccaniche in liquidazione (“San Marco”) for an alleged cartel in the road safety barriers sector.[2] The Council of State held that the TAR Lazio, on the basis of equitable principles and by taking into account the fact that the company was bankrupt, had unlawfully reduced the fine imposed on San Marco. According to the Council of State, the TAR Lazio had de facto set aside Article 15 of Law 287/90, according to which, in the event of a serious infringement of competition law, the fine should be calculated on the basis of the gravity and the duration of the infringement, taking into account the turnover achieved in the market affected by the agreement in the year before the infringement decision.

[1]              Council of State, judgment No. 4203/2019; TAR Lazio, judgment No. 8677/2013.

[2]              ICA decision of September 28, 2012, No. 23931, Case I723, Intesa nel mercato delle barriere stradali.