Diritto pubblico e diritto privato, disciplina dei mercati e statuto del potere amministrativo

[Machine translation] The dating tradition that radically opposed public law and private law appears, in the light of the evolution that occurred during the twentieth century on the regulatory, jurisprudential and doctrinal levels, now outdated. In particular, it seems evident that today both private and private law can be used both to promote private economic initiative and competitive dynamics and to pursue equitable and redistributive purposes. This functional approach has significant consequences from multiple points of view, including that inherent to the legal status of administrative powers intended to affect markets. The essay analyzes the evolution of this statute, starting from the experience of independent regulation and then considering the influence that it could and should have for the regulation of the powers to be exercised in the context of industrial policies.