Autorizzazione per installazioni pubblicitarie e disciplina della concorrenza

The article deals with the competition in the field of authorizations for advertising installations. This contribution originates from the ruling no 1368 of the Tuscany Administrative tribunal, which established that a public tender for the selection of the competitor shall be exploited although the specific rules (governing) require explicitly only the use of an authorization. The case-law is consistent with the principle set out under EU com- petition rules, also in the light of the EU directive 2006/123 (so called “services” or “Bolkestein”) as implemented in Italy by legislative decree no. 59/2010. Therefore this work focuses on the evolution and the interpretation of the concept of authorization in the light of european and italian rules and the jurisprudence for the protection of competition in the market.