Abstract

The topic of competition in notary services sector has recently analysed by the Italian Competition Authority (hereafter «AGCM») and the legislator. The theory (higher competition in the offer of notary services implies more benefits for individuals and for the whole society) is debatable. The hipotesis (existence and grounds of an irreversible and non-exhaustive trend for the progressive liberalization of the offer of notary services) can be criticized. Currently many reasons stress that at a certain point the progressive erosion of the normative system regarding this offer not help the improvement of the quality/quantity/price relationship of the services concerned, but it increase the risk of failures of the market and/or deficits in the same system. Accepting this preamble, and in order to definitively establish «if», «how much» and «which kind of» competition can improve the relation quantity/quality/price in the offer of notary services, it is necessary to adopt a market management model different from the mere competition. The problem to solve is «how much» and «how» competition in the offer of notary services can be limited and «who» can do it. There is the risk that, without regulation, an higher competition in notary services can not generate an effective improvement of the offer that would be appreciable only if it leads to more competitive prices but preserves the same qualitative level and the same essential features of the service.