La via italiana al new competition tool : rilievi critici di metodo e merito

With Art. 1 of the Asset Decree, d.l. 10 August 2023, n. 104, converted into Law 9 October 2023, n. 136, the Italian legislature added a new power to the AGCM's toolbox - known in the worldwide debate as the New Competi-tion Tool - to impose corrective measures, not only behavioural but also structural, in the event of the detection of distortions of competition during a market investigation. The novel instrument responds to the acknowledged inadequacy of traditional antitrust tools in containing the anticompetitive effects arising from the use of algorithm-based technologies in already highly concentrated markets. However, although the occasion for the draft was provided by the sector-specific case of increased prices in the airline market, the State Council's extensive - if not creative - interpretation broadened its scope of application to the entire market: the contribution analyses the potential but also the risks of such an extension, free from any legislative predetermination of requisites and contents, thus marking its distance from the homologous institutions in the British and Germanic le-gal system.