competitionlaw

In a recently given opinion the watchful eyes of Italian Competition Authority (ICA) has spotted an arrangement contrary to the spirit of competition in the extension of Enel exclusive research and exploitation rights of geothermal resources in some areas of Tuscany (AGCM, case AS474, Disciplina della Ricerca e della Coltivazione delle Risorse Geotermiche) Under Italian law the general rules governing the research and exploitation of geothermal resources are laid down by the Mining Act of 1927. As geothermal resources belong to the state, the right of carrying out researches into these resources and exploit them are given by state to interested operators by means of a concession. The Act 625/1996, which has implemented Directive 94/22 EC rules that such a concession are awarded through open tendering procedures. However, the Act 896/1986, enacted well before the implementation of EC measures pursuing to the liberalization of the energy sector, shapes quite a generous regime for Enel a...

The Italian Competition Authority (ICA) has recently decided to open investigations into an abusive conducts allegedly carried out by Ferrovie dello Stato, the Italian incumbent railway undertaking upon receipt of written complaint filed by a new entrant, Nuovo Trasporto Viaggiatori (NTV) (see case A409, www.agcm.it"> With the approaching of the opening of the new Italian high speed rail network, NTV is planning to launch an extensive web of high speed train services competing with Trenitalia, the train operator fully owned by Ferrovie dello Stato. To this end, NTV asked to Rete Ferroviaria Italiana, the infrastructure manager also fully owned by Ferrovie dello Stato access to the maintenance and technical centre of Naples and to station buildings. These assets can be found in the second list of Annex II of the EC Directive 2001/14. Under Article 5 of the directive, infrastructure manager grants track access to services facilities and supplies the services indicated in the l...