Abstract

Article 1 of Decree Law No. 104 of August 10, 2023 (the so-called Asset Decree) was passed with the declared purpose of making it easier for the Ica to control flight tariffs during holiday periods. Paragraph 1 describes an unprecedented power to intervene against algorithmic collusion scenarios occurring in this market. The provision is conceptually appealing, but difficult to use, both because of its narrow scope and the possible constraints descending from European Competition Law. Paragraph 5 was silently introduced during the conversion into law of the decree. It significantly fosters the power of fact-finding, governed by Art. 12, paragraph 2, L. No. 287/1990, which now allows the Ica to impose measures, behavioural and structural, in case of «competitive problems that hinder or distort the proper functioning of the market with consequent harm to consumers». It has attracted attention after the Council of State, in its advisory function, has clarified, in general surprise, that this is a power of general and cross-sectoral scope. This paper critically examines the genesis of Article 1 of the Asset Decree and identifies the main issues that the new Italian-style market investigation power poses