Advocacy

Promoting competition through advocacy

A fair and open market depends on a regulatory framework that allows competition to function effectively. The Authority exercises its advocacy powers to review existing laws and administrative acts that limit competition. When we identify restrictions that harm consumers and companies, we alert Parliament, the Prime Minister, ministers, regions and local authorities, and recommend changes to remove those distortions (Article 21 of Law 287/1990).

Giving expert advice

We provide advocacy opinions on draft laws and regulations, and more generally on competition and market-related matters, either on our own initiative or at the request of public bodies (Article 22 of Law 287/1990). In some cases, our opinion is mandatory – for example, when draft laws or regulations restrict access to, or the exercise of, economic activities (Article 34(5) of Law 214/2011). In these situations, we assess whether the restrictions are proportionate and justified. We also review rules affecting regulated professions to ensure they comply with the principle of proportionality (Article 3 of Legislative Decree 142/2020).

Annual report

Under a 2009 reform (Article 47 of Law 99/2009) the Authority must report each year on laws and regulations that hold back competition. By 31 March, we submit our Annual Report to the Prime Minister’s Office. These findings feed into the Government’s Annual Law on Pro-competitive Reforms, which must then be presented to Parliament within 60 days.

Since 2010, we have also published regular advocacy reports specifically designed to assist the Government in drafting the Annual Law on Pro-competitive Reforms. Each report identifies key barriers to competition in national legislation and suggests reforms to remove them.

Challenging anti-competitive rules

A 2012 provision strengthened the Authority’s role by giving it the power to challenge public authorities in court when their measures distort competition (Article 21-bis of Law 287/1990).