Alberto Pera

Appunti sulla riforma delle Autorità: regolazione e concorrenza

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This paper considers the characteristics of the institutions applying antitrust and regulatory legislation in Italy, on the basis of specificity of the aims to which each institution is devoted. In particular, it argues that the regulatory Authorities perform a mainly administrative task, while the Antitrust Authority has more of a judicial character. On these bases it considers the existing legislation and organisation of the institutions, and in particular whether independence from Government is necessary or not. Finally, the paper examines the projects of reform of the system of Independent Authorities currently being elaborated in Italy, and suggests that the quasi-judicial character of the Antitrust Authority activity would require a separation between its functions as inquirer and judge.

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