I non-luoghi della normatività: dalla regolazione alla post-law

The essay examines the metamorphosis of normativity in digital markets, tracing the shift from regulation to post-law: a form of legality that moves from decision to infrastructure, embedding itself within the technical and behavioural architectures that induce and prefigure the economic conduct of digital platforms. Through an examination of Codes of Conduct (GDPR, DSA, AI Act) and New Competition Tools in the antitrust domain, it shows how the production of rules shifts towards regulatory “non-places” specific to the digital economy, where the traditional boundaries between hard and soft law, public and private, regulation and enforcement, become blurred. In these hybrid spaces, co-regulation takes the form of induced normativity, while antitrust intervention is transformed into preventive market design. What emerges is an unprecedented morphology of economic law, operating as an anticipatory engineering of the possible, and raising radical questions about the democratic legitimacy of a normativity generated beyond the visible space of decision.