Collective Commentary about the New Package Travel Directive

282 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE development of competition.We should act if we want to keep fair competition from transforming into an unfair one, that is, into a pathological form of freedom, an illegal action that arises from an activity that is itself legal. The basis of this offence is established not only by the (well known) Article 41 of the Constitution, but also by important EU sources (think of antitrust and unfair competition regulations, implemented in the Italian legal system by means of Article 11 and Article 117, Paragraph 1 of the Constitution). Its aim is to protect the freedom of enterprise and competition, expressing the modern concept of professional integrity. In the present case this concept expresses an honest behaviour within the economic system, free fromethical and/or value judgments.The longest-termlawbasedon the interpretation of Article 10 bis, Paris International Convention for the Protection of Industrial Property, defined it as “business morality”. In this regard, there is no doubt that the parameter of judgment for professional integrity has to be linked to the interpretation of the market economy model. This should happen if we want to move from a traditional concept according to which professional integrity is given by a set of behaviour regulations formed within a professional category, regarding the most appropriate (and current) concept of it. This should be in accordance with the general principles aimed to ensure the operation of the market and economic activities. Both the EU legislator and theorists have moved towards the abovementioned direction. Particularly regarding the EU legislator, think of the legal obligations (both Italian and of the EU), including Article 1 of the law of October 10, 1990, num. 287, which in recalling Article 41 of the Constitution, declares that it intends to implement the principle whose goal is to protect and guarantee the right of economic initiatives. This is also noted on articles 101 and those following the Treaty for the Functioning of the European Union. Regarding the regulation of antitrust law, it foresees the existence of a pluralistic system of businesses. In terms of the theorists who think that starting from the assumption that individual freedom (by itself) is not sufficient to guarantee a proper pluralistic business regime and/or to prevent monopolistic positions, it considers that free competition will find strong limitations. This happens when the behaviour of market operators is in conflict with higher ranking goods, as it is the case of professional integrity by the means outlined above.