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Unfair Commercial Practices Directive, Whereas, (1) Unfair Commercial Practices Directive, Chapter 1, Article 1 Unfair Commercial Practices Directive, link

Pratiche commerciali scorrette e poteri sanzionatori: la corte di giustizia dell’unione europea sceglie l’antitrust.

This contribution deals with the thorny issue concerning the division of competences between the independent Authorities in matters of unfair commercial practices put in place by economic operators to the detriment of consumers. This problem, the subject of many conflicting national jurisprudential judgements, has only recently been resolved by the jurisprudence of the Court of Justice of the European Union. The contribution above, starting from the reconstruction of the regulatory system for the division of competences between the Antitrust Authority and the sector Authorities, deals with the examination of the most important national jurisprudential judgements on the point – made both in an advisory capacity and in the jurisdictional seat –, vanguard of jurisprudential contrast. Finally, the discussion analyses the recent resolute ruling made by the Court of Justice of the European Union following the preliminary ruling made by the State Council.