AGCM

The aim of the two Authorities is to increase the efficiency of measures to prevent and fight corruption in the public administration

On Tuesday 30th of July the President of the Italian Competition Authority (“AGCM”), Roberto Rustichelli, and the President of the Anti-corruption Authority (“ANAC”), Giuseppe Busía, renewed the Memorandum of Understanding at the AGCM’s headquarter, which aims to improve the overall efficiency and effectiveness of measures to prevent and combat corruption in the public administration. The agreement updates and supplements the previous one of 2014.

Under the terms of the new Memorandum, the AGCM will notify the ANAC of any alleged alterations of the rules and procedures of the tender that surface during the course of its institutional activity concerning possible collusion between firms in public procurements. ANAC, in turn, will report to the AGCM, compatibly with any investigations by the judicial authority, alleged collusion of which it becomes aware through its operations or reports from firms or contracting authorities.

Additionally, AGCM and ANAC agree to collaborate and share information for the purposes of exercising their respective powers in the public procurement sector and in the entrustment and management of local public services. ANAC takes on the task of conducting, alongside with AGCM, activities at contracting authorities that aim to promote the identification of critical competition issues in the public procurement sector, with the goal of increasing the number of reports on potential collusion between companies participating in public tenders. The two Authorities commit to providing for forms of information exchange through the National Data Platform, and to defining the kind and quality of information that will be shared. Furthermore, experiments with diagnostic test models may be carried out to to highlight cases of suspected collusion between companies.

ANAC and AGCM collaborate, within the Legality Rating procedure, in the application of the Implementing Regulation on the Legality Rating, which was adopted by AGCM resolution dated 14 November 2012, as amended. This includes encouraging a greater utilisation of the Rating itself and working together in the handling of whistle-blower reports.

According to the Memorandum signed, AGCM and ANAC will finally be able to cooperate in the context of digitalisation and dematerialisation processes, for the sharing and dissemination of technologies for processing open data and the implementation of analytics in order to make the most of the data in their possession.

Rome, 2 August 2024