“The delay in appointing the new presidents di Consob e Antitrust replacing the previous ones which expired due to the end of their mandate, raises doubts and fears as it can spread the impression of a power struggle within the majority, which carries the risk of a loss of credibility for these Authorities. As has always been said, real and perceived independence is the cornerstone on which the actions of these two Authorities (like the others) must be based. They were created precisely to remove certain decisions on market structures from political arbitrariness, thus ensuring the right level of competition in the interests of consumers and the entire country. As clearly demonstrated, competition stimulates efficiency and therefore lower prices.
Alberto Pera, lawyer, is currently a partner of the Gianni Origoni firm but between 1990 and 2000 he was Secretary General of the newly formed Antitrust and has already held the position of for nine years President of the Association of Italian Antitrust ProfessionalsIn this latter role, he has had numerous opportunities to address competition issues both in Italy and at the European level. In this time of great uncertainty regarding the role of the state and the market, when political interference in business decisions is increasing, when the national interest is often invoked without clearly defining its meaning, when competition is discredited so as not to overly disturb the vested interests of various corporations, Pera's reminder of the risks posed by these delays is more timely than ever.
“There would be no reason to wait so long – Pera reiterates – also considering that nominations are the responsibility of the presidents of the two houses of Parliament. Therefore, the government had rightly been kept away from the temptation to divide up the authorities, which were created precisely to instil confidence in market operators, since they were independent of the government's will. At a time when markets are moving at great speed and consolidated competitive structures are being called into question, the role of the authorities would be crucial precisely because they are called upon to act above the interests of the parties and without external influence.
But the Italian and European antitrust authorities have recently been criticized for applying overly restrictive criteria when judging the creation of new continent-wide groups. Should they reconsider their approach?
I don't think this is the problem. The Italian regulator has a very solid structure and is well integrated with the regulators of other European countries and with Brussels. They act in a coordinated manner and with great understanding. There have been cases like Meta (which forced its clients to use only its own AI) that were initiated by our regulator and then adopted by Brussels and other countries. Famous cases like the Alsthom-Siemens merger (which would have created a monopoly) were prevented without harming the competitiveness of the two companies, which continue to produce excellent products in demand around the world. problem the truth is that in many cases They oppose mergers – or other integrations – of individual national companies supported by governments who fear losing influence in certain industrial sectors and use the Golden Power even inappropriately or they think they can defend the national interest by keeping companies at home that are not large enough for international markets and are therefore less efficient."
The topic of competition has never been so popular in Italy and perhaps in Europe. On the one hand, politicians have always seen the market as a tool beyond their control; on the other, Citizens have never fully understood the advantages of competition on price levels and the quality of servicesAnd perhaps because it senses a less than friendly environment, our authority has significantly reduced its interventions on general issues, on suggestions to the Government and Parliament for opening up the market. It's now a matter of reintroducing a credible authority willing to commit to more actively defending pro-competition positions.
Our authority, as I said, plays a very important role thanks to a solid and well-prepared operational structure. Among other things, it operates successfully in all cases where consumer protection is at stake. And yet, it's clear that certain opaqueness towards consumers, as well as certain national-level issues, also depends on the bigger picture, namely, political decisions on competition issues. I truly believe that The Antitrust Authority should push more towards public opinion to affirm the benefits of competition, thus also defending itself from attacks coming from those who might feel damaged by certain decisions of the same authority.These are crucial steps to strengthen our institutions and citizens' trust in them."
