| Summary: | <p>By establishing the Regulatory Authority for Transport (ART) Italy is the first among the market economy countries to introduce an independent regulation in the transport sector. The institutive law entrusts the ART with a quite general regulatory responsibility. However, some rules seem to apparently limit that power, which could negatively affect the regulation efficacy and the whole sector efficiency. <br />Moreover, competition between business companies operating in infrastructure and services sectors could be prejudiced, both considering competition in a specific transport mode and among all the transport modalities. <br />These issues are strictly linked to the ART legal framework and to its specific functions. More clearly, it should be taken in adequate consideration if the formal definition adopted by the legislator really allow to satisfy the substantial requirements of economic regulation. <br />This paper is firstly aimed to in-depth analyze which are the potential issues regarding the ART responsibilities and tasks by proposing consequent solutions, that mainly entails a more proper definition of the “regulatory perimeter”. To this extent, the early measures adopted by the ART have been adequately considered.</p>
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