White & Case Secures Dismissal of Appeal for Husky in Alleged Abuse of Dominance Proceedings in Italy

Global law firm White & Case LLP has successfully represented Husky Injection Molding Systems (Husky), a leading Canadian group active in the supply of systems for the production of PET preforms, before the First Instance Administrative Court in Italy (Tar Lazio) in securing the dismissal of a competitor’s appeal against the closing of abuse of dominance proceedings in Italy. 

The appeal had been lodged by the same anonymous competitor that originally reported to the Italian Competition Authority (ICA) an alleged abuse of dominance complaint against Husky back in 2017. The complainant was allowed to provisionally keep its identity confidential before the First Instance Administrative Court, which was then authorised by the President of the First Instance Administrative Court.

White & Case challenged the concealing of the identity of the applicant, insisting that keeping its identity confidential in the judicial review phase would be seriously detrimental to Husky's right of defence, as well as to due process, equality of arms and adversarial principles protected both in the Italian Constitution (Articles 24, 111 and 117) and at the European level (Article 47 of EU Charter of Fundamental Rights and Article 6 ECHR). 

The First Instance Administrative Court agreed with White & Case’s arguments and declared the appeal by the complainant inadmissible.  The judgment also made clear that the fact the identity of the complainant was kept confidential in the original ICA proceedings was not relevant before a judicial review court, because the disclosure of the identity of the applicant is a necessary and indispensable element to correctly and properly bring a judicial action.  

The White & Case team that advised on the proceedings included partner Veronica Pinotti, local partner Martino Sforza (both Milan) and associates Giuseppe Tantulli (Brussels) and Carlotta Frascoli (Milan).

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