Abstract

This article aims to highlight a new epiphany of abuse of right, that we can find in regulated markets disciplined by regulation authorities, like electricity and natural gas markets. In fact, the typical argumentative structure of abuse of right arises from some measures adopted by Italian regulation authority in order to prevent behaviours formally licit, but conflicting to the aims of regulation itself. The analysis should highlight the following feature of this «abuse of regulation»: the argument of abuse doesn't work like an instrument to interpret and complete regulation in force (as usually happens when this argument is used); rather, the argument of abuse works like a sufficient condition to amend the regulation in force.