Competition and Regulation

Community Law
Following the establishment of the European Community and its evolution, Community Law, or European Union Law, was born, thanks in part to the Maastricht Treaty (February 1992) that formally established the European Union with the creation of the three pillars that make up the principles of the Union. The 1st pillar is about the Community dimension governed by the EEC - ECSC - EURATOM Treaties, the 2nd pillar is about CFSP i.e. a common foreign policy with the same objectives for the security of member states and the European Union, and finally the 3rd pillar is about criminal, civil, tax, etc. cooperation.

EU law is a useful tool for the citizen to be able to "force" the Italian state to guarantee the rights recognized by European sources and the ECHR, such as the conclusion of a trial in a short time, the violation of the right of defense, etc.

Competition Law
The main purpose of EU competition rules is to maintain the proper functioning of the market for the welfare of citizens, businesses and society. To this end, the Treaty on the Functioning of the European Union (TFEU) establishes rules to prevent restrictions and distortions on competition in the internal market.

From an economic point of view, competition law is the tool for overcoming particular moments of crisis in the economy as the relations of production and exchange of goods and services evolve.

Unfair business practices and misleading advertising
The institutional entity entrusted with the assessment of such matters is the Competition and Market Authority, and is solicited by competitors, consumers, their associations and organizations.

A commercial practice is defined as unfair if it is "contrary to professional diligence, and is false or likely to distort to an appreciable extent the economic behavior, in relation to the product, of the average consumer whom it reaches or to whom it is directed or of the average member of a group if the commercial practice is directed to a particular group of consumers."

"Misleading advertising" is defined as "any advertisement that in any way, including its presentation, misleads or is likely to mislead the natural or legal persons to whom it is addressed or which it reaches and which, because of its misleading character, is likely to prejudice their economic behavior or which, for that reason, injures or is likely to injure a competitor."

Market regulation
The term market regulation refers to public or private interventions aimed at ensuring consumer supply and/or sales to producers, Merchants and intermediaries by reducing or eliminating Competition.

Article 41 of the Constitution establishes as a general rule the principle of freedom of
economic initiative understood as a competitive regime of enterprises within a framework of norms and mandates the law to conform the market.