Code of ethics

Disclaimer: This is an unofficial courtesy translation provided by the AGCM for information purposes only. This translation may not reflect all amendments, including those introduced by separate legal provisions, and does not constitute a legal or official interpretation. Only the original version in Italian shall prevail as a source of reference.

Last updated in May 2025.

AGCM Decision 14 March 2023, no. 30509 – Code of ethics and professional conduct of the Italian Competition Authority
Decision no. 30509 of 14 March 2023, published in the Special Edition of the Bulletin, supplement no. 12 of 27 March 2023

CODE OF ETHICS AND PROFESSIONAL CONDUCT OF THE ITALIAN COMPETITION AUTHORITY
(adopted with decision of 14 March 2023)

Section 1 - Definitions

1. For the purposes of this Code, the term:

a) “Authority” means the Italian Competition Authority, as defined in Law no. 287 of 10 October 1990;
b) “Board” means the Chairman and the Commissioners of the Authority;
c) “Units” refers to the organisational units forming the structure of the Authority;
d) “Head of unit” means the official assigned to the management of the unit.

Section 2 - Scope

1. The provisions of this Code apply to permanent staff, employees on fixed-term contracts, individuals assigned or seconded to the Authority from other public administrations, and consultants.
2. The provisions of this Code set out in sections 3, 4, 5, 6, 7, 9, 11, 12, 13 and 14 apply to the Chairman, the Commissioners, the Secretary General and the Head of Cabinet of the Authority, all of whom, for this purpose, engage directly with the person in charge of supervision as per section 17.

Section 3 - General provisions

1. The provisions herein establish the minimum standards of diligence, loyalty, impartiality and proper conduct that all Authority staff are required to observe.
2. Employees agree to comply with this Code, by signing a copy upon taking up employment, signing a fixed-term contract, being seconded or assigned to the Authority or upon entering into a consultancy agreement.

Section 4 - General principles of conduct

1. Employees shall ensure their conduct follows the principles of sound management and impartiality of the public administrative action pursuant to article 97 of the Constitution. They shall perform their duties in accordance with the law, pursuing the public interest without abusing their role, position or powers.
2. Employees shall also adhere to the principles of integrity, fairness, loyalty, good faith, proportionality, objectivity, transparency, confidentiality, equity and reasonableness. They shall act with independence and impartiality, abstaining from action when a conflict of interest arises.
3. Employees shall perform their duties with a view to ensuring that the actions of the public administration are carried out in the most cost-effective, efficient and effective manner. The management of public resources for administrative activities must focus on cost containment without compromising the quality of results, including energy efficiency, and also promote greater environmental sustainability.
4. Employees shall carry out their tasks with dedication and commitment, focusing their efforts on fulfilling their duties during working hours, fully aware that they are compensated for their work every day.
5. The employees’ conduct shall be such as to establish relationships of trust and cooperation between the Authority and those involved in any way in the activities it carries out. To this end, employees shall be helpful and polite in all interactions, using clear language, providing complete and accurate explanations for their responses, and cooperating where possible in identifying solutions, even when these fall outside their area of expertise.
6. Employees shall be readily available and fully cooperative in dealings with other public administrations, ensuring the exchange and transmission of information and data, including through digital means, in compliance with applicable legislation.
7. Employees shall not use work-related information for private purposes, nor disclose information regarding matters under review by the Authority. They shall refrain from expressing opinions or judgments on specific matters on which the Authority is required to decide. Employees shall avoid situations and behaviours that could hinder the proper performance of their duties or harm the interests or reputation of the public administration. Public powers and prerogatives shall be exercised strictly in pursuit of the public interest for which they were conferred.

Section 5 - Independence and impartiality

1. The Authority operates with full autonomy and independence of judgment and assessment. Members and staff shall perform their duties and exercise their powers independently of political interference and other external influences. They shall neither seek nor accept instructions from the Government or any other public or private entities in the performance of their duties or the exercise of their powers. The members and staff of the Authority shall refrain from any action that is incompatible with the performance of their duties or the exercise of their powers.
2. In their dealings with those engaged in the Authority’s administrative activities, employees shall ensure equal treatment under equal conditions and refrain from arbitrary actions that may negatively affect those engaged in the Authority’s administrative activities or which lead to discrimination based on sex, nationality, ethnic origin, genetic traits, language, religion or belief, personal or political convictions, national minority status, disability, social or health conditions, age, sexual orientation or any other factors. Employees shall reject all undue pressures and ensure all of their decisions are made with the utmost transparency, avoiding both the creation and exploitation of privileged situations.
3. In the performance of their duties, employees shall:
   a) refrain from making commitments, providing guidance, making promises or offering assurances regarding matters falling within the Authority’s remit;
   b) refrain from participating in informal meetings with interested parties on matters related to their official work duties, unless expressly authorised to do so by the head of unit and only in the presence of at least one other employee; in particular, employees shall not take part in informal meetings concerning decisions yet to be adopted by the Authority or not officially notified to the parties;
   c) ensure impartiality during examinations or public selection procedures, as well as in matters concerning promotions or staff transfers.
4. In accordance with applicable provisions on the right of association, employees shall promptly inform the head of unit and, for informational purposes, the Head of Prevention of Corruption and Transparency, of any membership or affiliation with any associations or organisations – irrespective of their confidential nature – whose areas of interest may interfere with their official work duties. This does not apply to political party or trade union membership.
5. Employees shall not pressure or coerce other employees into joining associations or organisations, nor shall they exert influence for that purpose by promising career progression or suggesting career setbacks.
6. If the Chairman, the Commissioners, the Secretary General and the Head of Cabinet of the Authority’s find themselves in the situations under subsection 3, letter b) above, they shall notify the Board.

Section 6 - Conflicts of interest, disclosure obligation and duty to abstain

1. Without prejudice to the transparency obligations set forth by laws or regulations, upon being assigned to a unit, employees shall inform in writing the head of unit, the administration and, for informational purposes, the Head of Prevention of Corruption and Transparency, of all direct or indirect collaborative relationships – regardless of the compensation method – they have had with private individuals or entities in the previous three years, specifying:
   a) whether the employee, their relatives, in-laws up to the second degree, spouse or cohabitant, still have financial relationships with the individual or entity with whom the employee has had the aforementioned collaborative relationships;
   b) whether such relationships have existed or currently exist with individuals or entities who hold an interest in the unit’s activities or decisions, specifically related to the employee’s duties.
2. Employees shall abstain from making decisions or engaging in activities related to their duties in situations where there is, or may be, a conflict of interests with their own personal interests, those of their spouse, cohabitants, relatives or in-laws up to the second degree. The conflict may involve any type of interest, including non-financial ones, such as the pressure to comply with political, trade union or managerial demands.
3. Employees shall abstain from participating in the adoption of decisions or activities that may involve their own interests, or those of their relatives, in-laws up to the second degree, spouse, cohabitants or persons with whom they have regular social relations, or of persons or organisations with which they or their spouse have pending legal proceedings, serious animosity, or significant credit or debt relationships, or of persons or organisations for which they act as guardian, curator, attorney or agent, or of entities, associations (including unrecognised ones), committees, companies or establishments of which the employee is a director, manager or executive.
4. Employees shall abstain from acting in any other situation where there are strong reasons for personal gain.
5. Should the conditions outlined in the preceding provisions arise during the performance of their duties, employees shall inform the head of their unit in writing and, for informational purposes, also the Head of Prevention of Corruption and Transparency. The head of unit shall decide on the abstention, after consulting the Secretary General. Following a reasoned request by the Secretary General, employees are required to provide further details on their financial and tax situation.
6. Employees shall inform the administration and, for informational purposes, also the Head of Prevention of Corruption and Transparency of any shareholdings or other financial interests that may give rise to a conflict of interest with their public duties. Employees shall also disclose whether they have relatives or in-laws up to the second degree, a spouse, or cohabitant who engage in political, professional or economic activities that bring them into regular contact with the employee’s unit, or who are involved in that unit’s decisions or activities.
7. Employees shall promptly inform the head of their unit of any contacts initiated with parties who are, even potentially, subject to the Authority’s actions, in view of engaging in professional activities outside the Authority.
8. Section 10, subsection 3-ter of Law no. 287 of 10 October 1990 shall apply to members and staff of the Authority.

Section 7 - Confidentiality

1. Employees shall not:
2. a) disclose information regarding the Authority’s ongoing proceedings, inspections or investigations; in particular, they shall not disclose any information that would reveal the identity of other employees directly involved in the matters under review;
3. b) disclose information regarding decisions concerning ongoing proceedings, before these have been officially adopted by the Authority and formally notified to the relevant parties.
4. Employees shall grant access to information only to those who are entitled to it, and only where such access is not restricted by professional secrecy, legal or regulatory provisions and confidentiality obligations.

Section 8 - Relations with the press and other media

1. Without prejudice to the right to express opinions and share information to protect union rights, employees shall refrain from making public statements that are offensive towards the Authority.
2. Unless specifically assigned to this task, employees shall not encourage publicity or even the simple dissemination, in any form, of information related to the Authority’s activities.
3. Unless specifically assigned to this task, employees shall not engage with the press. If they receive requests for information or clarification from the press, they shall promptly inform the head of their unit.

Section 9 - Gifts or other benefits

1. Employees shall not ask for or solicit gifts or other benefits for themselves or others.
2. Employees shall not accept gifts or other benefits of economic value for themselves or others, even on festive occasions, from persons (individuals, companies or entities) who are in any way involved in the Authority’s activities, except for modest gifts exchanged as part of normal courtesy or international practices. In any case, regardless of the fact that it is a crime, employees shall not ask for gifts or other benefits, even of modest value, for themselves or others as consideration for performing or having performed a task related to their unit, from individuals who may benefit from decisions or activities related to their unit, nor from individuals who are or will soon be subject to their unit’s duties or powers.
3. Employees shall not accept, for themselves or others, gifts or other benefits from a subordinate, directly or indirectly, except for modest gifts. Employees shall not offer, directly or indirectly, gifts or other benefits to a superior, except for modest gifts.
4. For the purposes hereof, modest gifts or other benefits shall mean those whose value does not exceed, as a guideline, 100 euros, even if provided as a discount.
5. If employees receive gifts and other benefits that do not fall within the cases allowed herein, they shall immediately deliver them to the General Administration Directorate to be returned or donated for institutional or charitable purposes.
6. In order to preserve the reputation and impartiality of the administration, the head of the unit is in charge of overseeing the proper implementation of this section.

Section 10 - Other activities

1. Apart from the provisions of section 20 of the Authority’s Staff Regulations, employees shall in any case refrain from engaging in activities that conflict with the performance of their official duties.
2. Employees shall not accept collaboration assignments from public or private entities, nor shall they accept money or other benefits for participating in conferences, seminars or similar events, except as authorised under section 7, letter c) of the Authority’s Staff Regulations. Travel and accommodation expenses may be reimbursed if the same applies to other participants.
3. Employees may participate in conferences, seminars, and other meetings or events in their official capacity only if such events are duly recognised from an institutional, technical or scientific standpoint and if they are directly related to topics of specific relevance to their official duties.
4. Employees who intend to publish articles in the press on matters falling within the Authority’s remit must inform the Secretary General. Employees shall in any case ensure that any opinions they express are clearly presented as personal.

Section 11 - Conduct in social settings

1. Employees shall not use their position within the Authority to obtain any undue advantage. In private dealings, they shall refrain from referring to or implying their role within the Authority unless there is a legitimate need to do so, and they shall abstain from any conduct that could harm the Authority’s reputation.
2. Employees shall not engage in relationships with individuals who have an interest in proceedings before the Authority, where such relationships could undermine their independence or impartiality.

Section 12 - Conduct at work

1. Subject to procedural deadlines, employees shall not, without valid justification, delay actions or shift responsibility for their own duties or decisions onto others.
2. Employees shall use any form of leave of absence in compliance with applicable laws, regulations and contractual provisions.
3. Employees shall use office resources in a way that can always be justified as consistent with their professional duties. Office IT and telephone services may be used for personal purposes under the employee’s sole responsibility, provided no additional cost is incurred by the administration and such use complies with the employee’s general ethical obligations.
4. Employees may use the Authority’s transportation exclusively for official duties and they shall refrain from transporting third parties except for official reasons, in accordance with internal rules.

Section 13 - Special provisions for directors and heads of unit

1. The director or head of unit shall diligently perform their functions in accordance with the terms of their appointment, they shall pursue the assigned objectives and adopt an organisational approach appropriate to the fulfilment of their duties.
2. The director or head of unit shall display loyalty and transparency, and behave in an exemplary and impartial manner towards colleagues, collaborators and those subject to the action of the public administration. They shall also ensure that the resources allocated to their office are used strictly for institutional purposes and never for personal use.
3. The director or head of unit shall, within the limits of available resources, promote organisational well-being within their unit by fostering respectful and cordial relations among staff. They shall also take steps aimed at the exchange of information, staff training and development, inclusion and recognition of diversity in terms of gender, age and personal background.
4. The director or head of unit shall assign the handling of cases based on a fair distribution of the workload, giving due regard to the skills, aptitudes and professionalism of the available staff.
5. The director or head of unit shall, where required, evaluate the staff assigned to the unit it manages impartially, in line with the prescribed guidelines and deadlines.
6. The director or head of unit shall – to the best of their ability – take steps to prevent the spread of false information regarding the Authority, its activities and staff. They shall also encourage the sharing of best practices and positive examples to foster a sense of trust in the Authority.
7. The director or head of unit shall promptly take the necessary actions upon becoming aware of any unlawful conduct and immediately report it to the Secretary General, offering assistance where required in forwarding the relevant complaint to the criminal judicial authority or in notifying the Court of Auditors, as appropriate. If a staff member reports an unlawful conduct, they shall take all necessary legal precautions to ensure the whistleblower’s protection and prevent the unlawful disclosure of their identity during the disciplinary proceedings.
8. The director or head of unit are required to disclose details about their personal financial situation, as well as the annual income tax returns required by law.

Section 14 - Prevention of corruption and transparency

1. Employees shall adhere to the measures necessary for preventing unlawful activities within the administration. Specifically, employees shall comply with the corruption prevention plan and collaborate with the corruption prevention officer. Without prejudice to the obligation to report unlawful activities to the judicial authorities, employees must also inform their direct supervisor and, for informational purposes, the Head of Prevention of Corruption and Transparency of any potentially unlawful activity they become aware of within the administration.
2. Employees shall ensure compliance with transparency obligations required of public administrations by current legal provisions, by cooperating fully in the processing, retrieval and transmission of data to be published on the official website.

Section 15 - Contracts and other transactions

1. When entering into agreements and contracts on behalf of the Authority, and throughout their execution, employees shall not engage in third-party mediation, nor grant or promise any benefits in exchange for mediation, either to facilitate or having facilitated the conclusion or execution of the contract. This provision does not apply in cases where the administration has opted for professional mediation services.
2. Employees may not enter into procurement, supply, services, financing or insurance contracts on behalf of the Authority with companies they have had private dealings with or received benefits from in the previous two years, unless the contract falls within the scope of section 1342 of the Civil Code. Should the Authority enter into such contracts with companies the employee has dealt with privately or benefited from within the past two years, the employee must abstain from participating in decisions or activities related to the execution of the contract and prepare a written statement of recusal to be retained in the office records.
3. Employees who privately enter into agreements, conclude transactions or contracts – except those covered by section 1342 of the Civil Code – with individuals or private entities with whom they have concluded procurement, supply, service, financing or insurance contracts on behalf of the Authority in the past two years, must notify the head of their unit in writing and, for informational purposes, also the Head of Prevention of Corruption and Transparency.
4. If the situations described in subsections 2 and 3 involve a director, the latter must inform the senior official in charge of staff management in writing, and also notify the Head of Prevention of Corruption and Transparency for informational purposes.
5. Should an employee receive oral or written complaints from individuals or legal entities involved in transactions with the Authority, regarding the conduct of their unit or colleagues, they shall promptly inform their direct or functional supervisor preferably in writing, and also notify the Head of Prevention of Corruption and Transparency for informational purposes.

Section 16 - Sanctions and liabilities arising from violations of the Code’s obligations

1. A violation of the obligations established in this Code amounts to behaviour that is inconsistent with official duties. In addition to any potential criminal, civil, administrative or accounting liability, such conduct constitutes a disciplinary offence to be established through disciplinary proceedings in accordance with the principles of progressive application and proportionality of sanctions.

Section 17 - Supervision in the implementation of the Code

1. The Authority shall designate a person of well-known independence, selected among current or former ordinary, administrative or accounting judges, university professors or State Attorneys, to oversee the proper implementation of this Code, including for the resolution of individual cases, with the support of the Administration and Personnel Directorate.