Monitoring our advocacy activities

Each year, we assess the impact of our advocacy and advisory activities. We examine the action taken in response to our concerns and the follow-up given to our recommendations. The results of this monitoring are published annually and relate to the outcomes of advocacy and advisory activities carried out over the previous two years.

What we monitor

Our monitoring activities cover the following types of advocacy and advisory interventions.

Reports and advocacy opinions under Articles 21 and 22

Under Articles 21 and 22 of Law 287/1990, the Authority exercises reporting and advisory powers to promote more effective protection of competition and the market.

Legal action under Article 21-bis

Article 21-bis of Law 287/1990, introduced by Law Decree 201/2011, strengthened the Authority’s powers. Under this provision, we may bring legal proceedings against general administrative acts, regulations and other decisions issued by public authorities if these infringe competition rules.

Opinions requested under Article 22

Since 2012, Article 4 of Law Decree 1/2012 (converted into Law 27/2012) has established a specific procedure under which the Presidency of the Council of Ministers may seek the Authority’s opinion on newly adopted regional legislation.

In these cases, we assess whether the provisions restrict competition or undermine the proper functioning of markets, and issue an opinion under Article 22 of Law 287/1990. This enables the Government to consider appropriate action, including for the purposes of Articles 41, 117, 120 and 127 of the Italian Constitution.

Follow-up and compliance

For monitoring purposes, the outcomes of our interventions are classified as positive, partially positive, negative or not assessable. Where the outcome for the most recent year is negative, partially positive or not assessable, we review the case again in the following year.

Monitoring also measures the compliance rate – that is, the extent to which public authorities comply with our recommendations.

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Monitoring our advocacy activities