To complement its supervisory powers of control over corporate acts and conduct, the Authority is empowered to request Parliament and the Government to give adequate consideration to consumer and market needs when drafting statutes and secondary legislation.

The Authority can obviously not take the place of Government or Parliament in deciding which rules (laws, regulations, general administrative measures) should govern the operation of the Italian economy, but it is nevertheless empowered to notify the Government, Parliament or any Government agencies concerned of any existing or draft rules or measures that introduce restrictions on competition without justification in terms of the general interest (Sections 21 and 22 of the Act).

The Authority uses these reporting powers especially in cases where such legislation restrict competition for the sole benefit of companies already operating on the market. In particular, where the access to a market is subject to quantitative restrictions, or in cases where exclusive rights over certain areas or general price-fixing practices are imposed.

Moreover, as the Section 24 of the Act specifically requires, the Authority has submitted three reports to the Prime Minister regarding action to be taken in order to bring Italian legislation on public tenders, commercial distribution, and franchises for the provision of public utility services into line with the principles of competition.

Finally, as regards the appropriate enforcement action, the Authority is required to issue a binding opinion on the definition of concessions and other means which regulate the exercise of public utilities, in compliance with Law no. 481/95 establishing the independent Authorities that are responsible for regulating and controlling specific services.

In 2009, having already expressed on several occasions how its consultative activities could be employed more effectively, its recommendations were finally incorporated in the form of a law that requires the Government to publish an annual law on the market and competition in the interest of "removing regulatory obstacles, whether administrative or legislative in nature, to the promotion and development of competition and ensuring the protection of consumers," and taking any Antitrust Authority reports into account as well[1].

---

[1] Law no. 99 of 23 July 2009, governing the "Provisions for the development and internationalization of businesses and energy-related matters" (Official Journal no. 176 of 31 July 2009 - Ordinary supplement no. 136). Section 47(4) requires the Government to supplement the draft law with an accompanying report that demonstrates:

a) the conformity of domestic law with Community principles in regards to the free circulation, competition and openness of markets as well as other European policies on competition;

b) the implementation status of the interventions prescribed by previous laws on the market and competition and their consequences for the public at large, the business world and public administration;

c) the list of reports and opinions published by the Antitrust Authority, expressed pursuant to and in accordance with Sections 21 and 22 of Law no. 287 of 10 October 1990, indicating any issues that were deemed unnecessary to continue pursuing.