Monitoring advocacy activity

This section outlines the results of the monitoring program – subject to a systematic yearly update – concerning the success rate of the opinions issued by AGCM, in the exercise of its advocacy power during the previous biennium.

Namely, the decisions included in the analysis are the following:

- opinions under articles 21 and 22 of Competition Act no. 287/90 granting the AGCM the power to recommend amendments to laws, regulations or administrative acts, already enacted or under discussion, with the aim of promoting and enhancing the protection of competition in the market;

- reasoned opinions under article 21bis of competition act no. 287/1990, provided for by Decree Law no. 201 of 6 December 2011, converted with modifications by Law no. 214 of 22 December 2011, which has strengthened ACGM’s consultative powers by assigning it the power to challenge general administrative provisions, regulations or public measures which are considered in violation of competition laws;

- opinions under article 22 issued upon request of the Presidency of the Council of the Ministers regarding regional draft laws. The legal basis for such power is article 4 of Decree Law no. 1 of 24 January 2012, converted with modifications by Law no. 27 of 24 March 2012: after receiving requests for opinions, AGCM informs the Presidency about regional laws that unduly restrict competition in order to undertake all initiatives as provided for by the Constitutional bill (e.g. articles 41, 117, 120 and 127), including challenging the laws before the Constitutional Court.

In this context, the analysis focuses on compliance with AGCM’s recommendations contained in advocacy interventions, i.e. legal adherence to them by recipients. In particular, for the purpose of the analysis, the outcome have been classified as follows:

- positive: when the addressee has fully met the recommendations issued by the AGCM;

- partially positive: when the addressee has met the recommendations only partially;

- negative: when there has been no compliance at all with what was recommended;

- not evaluable: when the assessment of the outcome has not been possible for any reason.

All negative, partially positive and not evaluable outcomes of the second year of the biennium considered will be re-assessed in the next monitoring cycle.