In 32 articles

Draft Competition Bill: from motorways to insurance and shrinkflation, here are the novelties

The measure could go to the Council of Ministers on 26 July

24 July 2024

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Thirty-two articles, containing measures such as those announced on the reform of motorway concessions and dehors, but also on the fight against shrinkflation and on start-ups. This is what can be read in a draft, still provisional, of the annual competition bill. The text was expected on 22 July in the Council of Ministers, but the examination was then postponed due to the need for further study. It could be examined at the next meeting, scheduled for Friday, 26 July.

For motorway concessions tenders or in-house companies

Motorway concessions will be awarded by means of public procedures, except in cases where there is a direct assignment by the MIT to an in-house company established ad hoc wholly owned by the MEF and subject to the control of the MIT, or a different company, also specifically established, which allows the ministry to entrust concessions relating to motorways involving one or more regions to in-house companies of other public administrations, also specifically established.

Ad hoc labelling on products in case of shrinkflation

The government is taking action against shrinkflation, the commercial practice of reducing the size, quantity or quality of products on sale while keeping the price and packaging the same: those who implement it will have to warn customers with an ad hoc label. Producers will have to inform the consumer "of the reduction in quantity and the increase in price in percentage terms through the affixing of a specific label on the sales packaging with appropriate graphic evidence" for at least six months after the change in quantity.

Dehors extension to end 2025, within 12 months government decree

The government is delegated to adopt within 12 months a legislative decree to reorganise the dehors. In the meantime, the validity of the current authorisations is extended until 31 December 2025 and in any case 'until the date of entry into force of the provisions reorganising the matter pursuant to the same legislative decree'.

Anti lock-in insurance black boxes

Consumers will be able to ask their insurance company for their black box data if they decide to change companies. The text introduces a prohibition for insurance companies to provide for clauses in the contract that prevent or limit the customer's right to uninstall the devices at the end of the contract without any cost or penalty on return. A one-off charge of a maximum of twenty euros may be made to the company managing the device for the delivery of the processed data, which must be provided in a structured and readable format to facilitate portability.

Tougher sanctions for non-compliant taxis and chauffeurs

Harsher penalties for unauthorised taxis and NCCs, i.e. those not registered in the register for companies engaged in offline public transport activities. The sanctions range from suspension to revocation of the drivers' role. In addition, municipalities will be able to access the register and notify the ministry of any revocation or suspension measures taken in order to be able to carry out a survey of the number of licences and authorisations for each municipality. In addition, sanctions are rationalised, distinguishing between unlicensing and even minor violations. In particular, with regard to the Ncc, sanctions are made more severe and aligned with those for the abusive exercise of taxi services. While with regard to violations of the obligation to have a garage and a service sheet, the pecuniary and accessory sanctions are graduated according to the frequency of the violation: for the former the fine is from 178 euros to 678, with the suspension of the vehicle registration card for one month, while for the latter the fine ranges from 528 to 2020 euros and the stop from 4 to 8 months.

Innovative start-ups will be SMEs with 20,000 euro capital

New rules for innovative start-ups, which will have to be Mpmi, or 'micro, small or medium-sized enterprises' with capital of at least 20,000 euro. The status of 'innovative startup' will be maintained for 60 months not from the company's incorporation but from the moment of its registration in the special section of the Chamber of Commerce business register, in any case within two years of incorporation.