No free balances: after the revolt of the sector associations, the government scraps the law that intended to revolutionize the world of commerce to rekindle a sector that has been struggling terribly for some time to keep up with the ruthless rivalry of digital e-commerce. According to the news agencies, "the Ministry for Enterprise and Made in Italy has ensured that the Competition Bill will not include a rule on the total deregulation of sales, to favor a preventive comparison with trade associations and the Regions" . While the rules on smart electricity meters, the regulation of itinerant trade, the strengthening of the Antitrust powers and the elimination of the anti-competitive rules on the preparation of galenic drugs remain on the agenda. But let's see in detail the main rules contained in the draft of the Competition law – and also the latest news on sales – being examined by the cabinet summoned for today, Tuesday 28 March.
Sales, the latest news: skip the norm
Not everyone knows that behind the sales there is a world of rules precise that all operators must always respect in order not to incur penalties. As reported by Bersani Decree art. 15 of Legislative Decree 114/98 sales are end-of-season sales involving “products, of a seasonal or fashionable nature” which will be liable to substantial depreciation if not sold within a certain period of time. To be affected by the sales, therefore, is the merchandise left unsold at the end of the autumn/winter or spring/summer season.
As for the beginning and the duration of the balances, this varies depending on the Regions. Currently these agreed among themselves for a general national calendar (albeit always with some local exception) with double appointment: the first in January and the second in July. This measure, together with many others, was included in the draft of the Competition Law. The second change instead concerned the promotional sales. Currently, with some regional exceptions, they are prohibited close to the balance periods. If the measures had arrived on the table of the CDM, this constraint would have fallen. And therefore the two forms of sale could overlap.
But the revolt of merchants and sector associations has put a stop to the government's news on sales.
News on street vendors and smart meters
Another novelty concerns the much discussed itinerant trade. Again to comply with European obligations (concessions cannot last more than 10 years) and to avoid an infringement procedure, assignment by tender is now established with social clauses to protect small businesses. Furthermore, a maximum number of concessions will be set for each individual operator within the same market area. In the Municipalities that have not yet started the proceedings, there may be an extension of the concessions until 31 December 2024.
Among the rules evaluated today there will also be that for the strengthening and planning of the development of the national electricity grid with the obligation to communicate the area, the Energy Authority, the investments to be made in three years and the infrastructural interventions to be carried out in ten years. Along with promoting the use of smart meters to promote energy savings and contain the price of electricity. These measures are considered essential for the achievement of the objectives set by the National Recovery and Resilience Plan (Pnrr).
Del Competition: no mention of the limits for 5G
In the draft law on competition, however, there is no reference to limits for 5G. The question of the increase, raised on several occasions by the telecommunications sector, would have become topical again precisely in the finalization of the bill, but according to some press rumors that emerged in recent days, it would have entered and then left the text. Apparently the negative opinion of the League would have weighed, contrary - especially at the local level - to raising the current parameters which, it is fair to remember, have the lowest limits in Europe in force in our country (the threshold is 6 volts per meter while in other EU countries it is 61 volts).
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