The 2016 italian consolidated law on public entities owned companies: towards a more consistent private law approach

The article aims at analyzing the model of company emerging from the new Italian consolidated Law on public entities owned companies of 2016, coming to the conclusion that, especially in line with the principles of the legislative delegation and the European Union law requirements, a fully for profit and private characterization is imposed. Public interest represents therefore an external interest which cannot prevail on the common economic interest of the shareholders. In this perspective, also norms apparently bearing a ‘public law mark’ can be understood in light of a correct perception of the notion of ‘pursuit of profit’ and of the principal agency theory, elaborated by the economic analysis of law.