Considerazioni sui rapporti tra appalti pubblici e concorrenza nel diritto europeo e nazionale

Competition is a key word in public procurement regulation. The article aims at exploring the different meanings and the legal implications of competition within the framework of the 2014/23/24/25/EU Directives and of the new Italian Code of public procurement and through the analysis of the relevant case law (Constitutional Court and Administrative Courts) Special attention is given to the role of the Italian Antitrust Authority.The article argues that the market of public procurement has two factual and legal dimensions: a "macro" one and "micro" one. The first places at the center the role of public bodies as big buyers of goods and services and the way in which their strategies (for example, geen procurement) may affect the market. The second considers each tender procedure as a market where bidders compete on an equal footing according to the rules of the Code of public procurement