Some remarks on the protection of competition in the new Public Contracts Code

Abstract

At the European level, the existence of a genuine principle of competition is still debated, both at the level of primary law in general and at the level of public procurement Directives in particular. Nevertheless, the new Italian Procurement Code, the legislative decree No. 36 of 10 March 2023, expressly refers to the principle of competition in Article 1. The purpose of this paper is therefore to verify the concrete impact of the "principle" of competition in the new Italian Procurement Code, particularly in the light of the leading principle of the outcome.