This chapter examines the implementation of the Digital Services Act (DSA) and Digital Markets Act (DMA) within the Italian legal and institutional framework, exploring the complex interactions between European and national regulatory mechanisms. By analyzing the roles of key national authorities—specifically the Italian Communications Regulatory Authority (ICRA) and the Italian Competition Authority (ICA)—the chapter reveals the nuanced approaches adopted to integrate these European regulations into Italy’s existing legal landscape. The research highlights the intricate institutional frameworks established by the DSA and DMA, demonstrating how national authorities are empowered to collaborate with European institutions while maintaining distinct investigative and enforcement capabilities. Notably, the chapter explores how Italy has strategically positioned its national authorities to retain regulatory influence, particularly through innovative legislative measures like the reform of rules on abuse of economic dependence. The analysis ultimately underscores the challenges of regulatory layering and the critical importance of effective cooperation between different regulatory levels. By examining the potential overlaps and complementarities between EU and national regulations, the chapter argues that streamlined regulatory processes can reduce compliance costs, foster innovation, and maintain the attractiveness of European digital markets. The research suggests that national adaptations play a crucial role in ensuring the practical effectiveness of supranational digital regulations.

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Implementing the Digital Service Act and the Digital Market Act in Italy

  • Mariateresa Maggiolino

摘要

This chapter examines the implementation of the Digital Services Act (DSA) and Digital Markets Act (DMA) within the Italian legal and institutional framework, exploring the complex interactions between European and national regulatory mechanisms. By analyzing the roles of key national authorities—specifically the Italian Communications Regulatory Authority (ICRA) and the Italian Competition Authority (ICA)—the chapter reveals the nuanced approaches adopted to integrate these European regulations into Italy’s existing legal landscape. The research highlights the intricate institutional frameworks established by the DSA and DMA, demonstrating how national authorities are empowered to collaborate with European institutions while maintaining distinct investigative and enforcement capabilities. Notably, the chapter explores how Italy has strategically positioned its national authorities to retain regulatory influence, particularly through innovative legislative measures like the reform of rules on abuse of economic dependence. The analysis ultimately underscores the challenges of regulatory layering and the critical importance of effective cooperation between different regulatory levels. By examining the potential overlaps and complementarities between EU and national regulations, the chapter argues that streamlined regulatory processes can reduce compliance costs, foster innovation, and maintain the attractiveness of European digital markets. The research suggests that national adaptations play a crucial role in ensuring the practical effectiveness of supranational digital regulations.