Aggregazioni e fusioni di imprese negli appalti pubblici: sinonimi o contrari?

The paper comments a ruling by the italian's highest administrative court which, in deciding on a joint venture between companies involved in the same public tender, referred to the European Court of Justice the question of whether this should be considered in contrast with the European principle of identity of participants in public tenders at all stages. The paper explaines the reasons underlying the problem and examined the possible interpretative and applicative solutions, also with reference to the ECJ's decision.