Abstract

The article analyses the annual market and competition law, recently introduced in the Italian legislation, with the purpose of "removing regulatory barriers, whether legal or administrative, to open the markets, promoting the development of competition and ensure the consumer protection". The prescriptions of the law are commented in relation with the previous proposal, which has not been approved during the last legislature. It is also discussed the current competition advocacy role played by the Italian Antitrust Authority as compared to the legislative function. Lastly, the law is analyzed in terms of the allocation of the legislative functions between the central State and the regions (criticizing the anomaly represented by the definition of "fundamental principles" for the regional jurisdictions) and the possible evolution of the constitutional discourse as addressed to the new "public function" of the competition protection.