Public shareholdings and local public services

What we do

The Authority reviews acquisitions of shareholdings and the establishment of companies by public administrations under Legislative Decree 175/2016 (the “Consolidated Act on publicly-owned companies” or TUSPP).

We also safeguard and promote competition in the field of local public service concessions, making use of the transparency platform managed by the National Anti-Corruption Authority (ANAC), as provided for in Article 31 of Legislative Decree 201/2022 on the reorganisation of local public services of economic importance.

When public administrations must notify us

Under Article 5(3) of the TUSPP, public administrations must send us the formal resolution adopted to establish a company or acquire a direct or indirect shareholding in a company.

Our powers of review

The Authority may intervene against resolutions adopted under Article 5 of the TUSPP and decisions on the award and management of local public services, under its advocacy powers set out in Article 21-bis of Law 287/1990.

If we find that a public administration has adopted a measure contrary to competition and market rules, we issue a reasoned opinion within 60 days, explaining how the measure breaches competition rules. If the administration does not comply with our opinion within the following 60 days, we may bring the matter before the administrative court within 30 days.

Case-by-case intervention

Our intervention in this area is not automatic. We assess, on a case-by-case basis, whether the conditions exist to exercise our powers.

If no opinion is issued within the prescribed time limit – because there are no sufficient grounds to act under Article 21-bis of Law 287/1990 – the public administration will not receive any communication.