Class actions

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New law aims to expand the currently limited application of class actions in Italy.

By Antonio Distefano and Isabella Porchia

The Italian Parliament recently introduced a comprehensive reform of the rules governing class actions with Law No. 31 of 12 April 2019 (the Reform). The Reform, which was published in the Official Gazette on 18 April 2019, will exclusively apply to unlawful conducts carried out after it goes into effect on 19 April 2020. In the meantime, the provisions currently in force shall continue to apply.

By Jumana Rahman

The Consumer Rights Act 2015 entered into force on 1 October 2015. The Act develops the law on private enforcement of competition law infringements, in a radical manner.

Previously, the Competition Appeal Tribunal (CAT) could only hear collective actions in reasonably limited circumstances, as such actions could only be brought on an opt-in basis, ie where claimants had to expressly assert class membership to be part of the proceedings. The new Consumer Rights Act introduces an opt-out procedure, which makes it easier to bring claims with large numbers of claimants claiming smaller individual losses.