Some history of the annual Bill for the market and the competition

Pier Luigi PARCU

In 1996, the author put forward two proposals to increase the incisiveness of the action of the Competition and Market Authority, established a few years earlier: the provision of the possibility for the Antitrust Authority to submit to the scrutiny of the Constitutional Court the rules contrary to competition and the establishment of a competition law, on the model of Community law, which constitutes for Parliament the annual or biennial appointment to discuss reports of the Antitrust and in general to promote competition by reviewing the regulatory frameworks in a more favorable sense. The first proposal, the result of a widespread debate at the time on the question of the constitutional recognition of the Authorities, was quite discussed but did not have a practical follow-up. The second proposal, the call for an annual competition law, then went almost unnoticed, but in the end it is the one that has been most successful. In fact, the approval of the law of 23 July 2009, n.99, which, in art. 47, finally establishes the "Annual Law for the market and competition", exactly with the desired task, fills what in the opinion of the author was a deficiency in the system of competition protection in Italy.