The survey highlighted that the Italian regulation, on the whole, is quite restrictive when compared with the one in force in the principal European countries. For instance, the prohibition of practicing a profession through a professional corporation or partnerships was repealed only recently by Law 266 of August 7th, 1997. In the Authority's opinion, such abrogation and the imminent issue of the enforcement regulation will change the practice of professional activities. In fact the new intervention in regulation will allow professionals to establish partnerships or corporations to practice their activities through professional companies.

Additionally, it emerged from the investigation that certain Acts to regulate access and practice of professions in Italy are sometimes useless to achieve predetermined targets. Other Acts are implemented in such a way as to cause unjustified competitive restrictions. In general, existing restrictions are likely to create a disadvantage situation for Italian professionals with respect to foreign colleagues.

The analysis conducted by the Authority underlined the value and core competencies of professionals who often have to work to pursue public interests. It was also said that the practice of professional activities is compatible with competition laws, given that competition can increase efficiency of the sector.

A possible reason why many Italian Professional Orders delay consenting to amend current regulation is to be led to their complex history. Italian Orders were founded as private associations to meet market needs and to protect interests of their members. Afterwards, they were regulated by public law, through the transformation of the associations into State-controlled independent public bodies.

This being so, the restrictions set forth in regulation, as the introduction of mandatory tariffs and numerical barriers, were added to those imposed by Orders, as e.g. the adoption of codes of conduct. Therefore a complete and in-depth reform of Professional Orders is very necessary, in consideration of the changed market conditions and the steadily increasing importance attributed to the right of free enterprise and competition. The Authority expressed the hope that new legislative provisions modify the Professional Orders' functioning.

Existing restrictions on competition in fact affect unfavourably Italian professionals with respect to foreign colleagues, which can perform their activities within a more competitive scenarios. The future depends most on the ability of Professional Orders to be attentive and determined to be consistent with new legislative provisions, as well as with the spirit of reforms anticipated in other countries, in order for their members to practice their activities within a fair and equitable legal framework.