The TAR Lazio[1] upheld an ICA decision that rejected the request by B.M. S.r.l. (“B.M.”) to benefit from the effect of a final judgment in relation to the fine that the ICA had imposed on the said company in 2018 in the framework of a cartel decision.[2]

Adjudicating on the applications for annulment of the ICA decision in the Modeling Agencies case brought by its addressees, the TAR Lazio reduced the amount of the fines imposed on the parties, except for B.M., whose application, according to the Court, was time barred. As a consequence,

B.M. submitted a request to the ICA to reduce its fine in light of the principle of res judicata. The ICA rejected B.M.’s request, and when B.M. challenged the new ICA decision, the TAR Lazio agreed with the ICA.

According to the TAR Lazio, although the ICA decision finding an anticompetitive agreement referred to anticompetitive conduct involving several parties, it conferred on each party an individual position, which in turn could only be subject to distinct legal actions.

As a result, the TAR Lazio decision ordering the ICA to reduce the amount of the fines did not cover the part of the Modeling Agencies decision fining B.M., and the ICA was thus not required to reduce the fine imposed on B.M.


[1]              TAR Lazio, Judgment No. 10838/2019.

[2]              Modeling Agencies (Case I789), ICA Decision of October 25, 2018.