La concorrenza negli appalti pubblici tra disciplina ordinaria e disciplina derogatoria della fase emergenziale da Covid-19. La tutela degli interessi dei privati

Abstract

Competition is a general value, which has always affected national and supranational legislation.
Competition is, first of all, an economic value, defined as a condition in which several companies compete on the same market and in which supply and demand meet and in which none of the operators is able to influence the trend of negotiations with their own behavior or their own. decisions.

In order to be able to speak of competition, the following constitutive elements are necessary in the reference market: the number of operators both on the demand side and on the supply side; a freedom of entry into the market; homogeneity of the product; perfect information and transparency in the market; simultaneity of bargaining, the result of a negotiation phase in which the operators become aware of the necessary information