Italy Update: The burden of proof in respect of penalties for restrictive agreements on competition

With the provision in a comment, the College has specified that the principle of the presumption of innocence, is enshrined in art. Article 48(1) of the Charter of Fundamental Rights of the EU – applicable to procedures that may result in heavy afflictive sanctions – does not preclude the application of relative presumptions.

This implies that, on the one hand, if there is a doubt in the mind of the Judge, it must benefit the recipient of the afflictive measure but, on the other, that the Judge can form his own conviction also on the basis of maxims of experience, or on an evidentiary compendium of a circumstantial nature or, again, on the basis of indirect evidence, provided that they are sufficiently significant, as is the representative test.

That deductive procedure is combined with the need to ensure the effectiveness of European competition law, since, without them, proof of the infringement could be extremely difficult or radically impossible.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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