Third-Party Litigation Funding and Private Antitrust Enforcement in Digital Markets: Conditions and Opportunities in Italy|Third-Party Litigation Funding e private enforcement antitrust nei mercati digitali: condizioni e opportunità in Italia

The article examines the role of Third-Party Litigation Funding (TPLF) as a tool to support private antitrust enforcement in digital markets, with specific reference to the Italian system. Starting from the absence of a dedicated legal framework on litigation funding, the paper reconstructs the conditions under which its main operational models may be considered legitimate under Italian civil law, banking and financial regulation. Particular emphasis is placed on abuses of dominance in digital markets, where the structural features of the sector and the characteristics of the actors involved make the challenge of ensuring effective damages actions particularly complex. The article then identifies the main legal and economic conditions required to bring TPLF-backed antitrust claims in Italy, with special focus on anticompetitive conducts in digital markets and the AdTech sector.