Abstract

This work presents an analysis of the advocacy activity carried out by the Italian Competition Authority (Ica) in the first thirty years since its establishment (1991-2021). After a survey of the numerous tools made available to the Authority by the legislator over the decades, some data will be presented that describe, also with a view to temporal evolution, how this function was exercised, to whom it was addressed, which restrictions were reported and with what level of effectiveness. A specific analysis will be addressed to the success rate recorded by the most recent instruments, such as reasoned opinions pursuant to art. 21-bis of Law no. 287/1990 and the opinions sent to the Presidency of the Council of Ministers concerning regional laws, pursuant to art. 22 of Law no. 287/1990. The article concludes with some suggestions aimed at improving the exercise of this function by the Authority: in particular, it is underlined how the implementation of some rules providing for a request for an opinion from the Authority on compliance with the principle of proportionality on government bills and regulations introducing restrictions on access to and exercise of economic activities could increase the success rate of interventions and limit the introduction of anti-competitive rules into law; at the same time, the introduction in the interventions of the Ica of an economic analysis of the impact of the competition restrictions reported could trigger a debate on their real usefulness and would provide the administrations with further elements for reflection on the appropriateness of introducing them.