Final green light from Senate al Competition law with 161 votes in favour, 21 against and 2 abstentions. Despite the government crisis and the electoral campaign that has started off like a rocket which is already attracting the attention of all parties, the decisive reform to achieve the objectives of the Recovery plan and resilience from 19 billion, reaches its goal without the much-contested article 10 on taxi which triggered it strike of taxi drivers and with the slipping also of the knot of bathing concessions, providing for a delegation to the Government for the reorganization of the matter. After the passage to Palazzo Madama, however, the delicate phase of drafting the implementing decrees will begin and which will therefore be in the hands of the new Executive.
The Competition Bill approved in third reading by the Senate, and which certainly does not shine for its timeliness, is largely a list of proxies, which represent postponements and concentration of effective regulatory choices in the hands of the Government.
The rules touch on numerous topics, from transport, to the simplification of authorizations for business activities, measures on ports, telecommunications, gas and hydroelectric concessions, waste, e-car columns, investee companies, extended direct refunds for motor liability, on competition in services, the strengthening of the powers of the Antitrust. Here is a summary of the main measures contained in the Competition Law approved by the Senate.
Bathing concessions
Article 3 establishes that the current concession titles will continue to have effect until the end of 2023, saving the establishments from possible seizures by the judiciary due to the illegitimacy of the extensions. However, the 2023 date may be postponed to 31 December 2024, in the event of litigation or objective difficulties in carrying out the tenders.
Antitrust
The law in question deals in several articles with the strengthening of powers regarding antitrust activities, a harmonization of merger notification and authorization powers.
Among these we note the provision thanks to which a relative presumption is introduced (which can be overcome with proof to the contrary) of economic dependence in commercial relations with a company that offers the intermediation services of a digital platform, if the latter has a decisive role for reach end users or suppliers, including in terms of network effects or data availability. In particular, in the web and pharmaceutical sectors which tend to kill competitors in the bud who have developed new products and technologies capable of affecting their market position.
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Infrastructure
The law in question proposes to intervene to reduce the costs for the construction of networks a ultra-broadband.
Ports
A decree from the Ministry of Infrastructure and Sustainable Mobility will define the criteria for concessions. It is envisaged that a concessionaire obtains only one concession for each port, but the rule does not apply to hubs of international and national importance.
Gas
Article 6 aims to enhance the distribution networks of local authorities with a series of provisions and to speed up the procedures for tenders.
Hydroelectric concessions
It will be the Regions, and not the State, that will set the criteria for the assignment tenders that concern the hydroelectric concessions. The procedures must be established by the end of next year. With regard to plants with concessions expiring by the end of 2024, the regions can grant an extension (until September 2025 at the latest) to concessionaires waiting to complete the new assignment procedures.
Some compensation is provided for outgoing concessionaires. On investments for the non-depreciated part.
Local public services
Also in this case a single text of the Government will rearrange the matter. To give a boost to public transport tenders, a cut in the National Transport Fund is envisaged for local entities that have awarded services without public evidence procedures or through non-compliant tenders.
Charging columns
The motorway concessionaires are obliged to launch tenders to assign the charging stations. They must intervene "through competitive, transparent and non-discriminatory procedures, in compliance with the principle of rotation" (article 12). It is also established that even existing concessions that have not yet been renewed must provide for the installation of charging stations for electric vehicles in the service areas
Garbage collection
Article 15 intervenes on the tariffs for non-domestic utilities that produce municipal waste providing for new tasks for the Arera and amendments to the Environmental Code which envisages the stipulation of a program agreement on a national basis between Conai and the autonomous systems and all the operators of the reference sector with the Anci, with the Upi or with the management bodies of the optimal territorial area.
Furthermore, the subjects concerned (non-domestic users) can make the choice of using the public service provider or the market for a period of no less than two years.
Renewable energies
Another integration that occurred during the approval process was the delegation for the simplification of energy sources renewable.
The following criteria of the delegation: significant reduction and rationalization of the set of legislative and regulatory provisions on the subject, clarity and simplification of the discipline and administrative procedures, also through the abolition of the authorization regimes, more extensive and optimal use of digitalisation, adaptation of the levels of adjustment to the minimum required by European legislation.
Motor liability refunds
Article 31 extends the obligation of direct compensation in motor liability to European companies operating in the territory of the Republic. The rule will enter into force on 1 January 2023.
