Monopolio? No grazie! Prospettive giuseconomiche dopo il vaglio della Consulta su comportamenti anticoncorrenziali del legislatore

Despite the progress in gradually removing restrictions on the free market, certain economic sectors in Italy remain trapped in monopolistic dynamics, such as the taxi and chauffeur-driven car hire (NCC) markets. The Constitutional Court, with ruling No. 137 of 2024, declared the unconstitutionality of the entry barriers imposed by the legislator on NCCs, as these posed a threat to social welfare and the interests of the community. This manuscript, starting from an analysis of this ruling, extends the reasoning to other "protectionist instances" such as beach concessions and the street vendor sector, highlighting a tension between regulation, technological innovation, and free competition. Ultimately, it underscores how the maintenance of monopolistic rents and privileges for the few, at the expense of the community, is the result of a clear resistance to change by the legislator, deaf to the calls of institutions that safeguard market freedom.