Esperto in modelli normativi di governance dei rapporti tra imprese interdipendenti, fra distretti e reti

The study analyses the company aggregation phenomenon, whereas company aggregations are regarded as all entrepreneurial contexts characterised by a multitude of companies that, although separate from a formal and juridical point of view, are, de facto, strongly linked together and mutually influence their respective activity. The analysis starts with an excursus on the first legislation on the matter, that focused on the issue merely with reference to the public authority involvement for the support of the production systems (i.e. the legislation on the industrial and production districts). In the second part of the paper, the phenomenon is analysed from an economical point of view, moving from the transaction costs theory of O. E. Williamson, to be then connected with the so called hybrid company organization models, intermediate between hierarchy and the market. Such economical analysis highlights the peculiarities that characterize the relationship between companies that differentiate such relationship from the abstract model put forward by civil law. The third part of the paper focuses on the most recent legislation on the matter, more in details on the subcontracting and franchising agreements, as well as on the recent enterprises network contract, to the extent of identifying the elements that are key to the creation of a sort of statute on the relationship between companies. In the conclusions, a new legislative approach is detailed, aimed at a better under standing and regulation of the company aggregation phenomenon.