competitionlaw

Introduction With a decision adopted on 13 November 2008 the Italian Competition Authority (AGCM) has closed proceedings against Ferrovie dello Stato (FS) and Rete Ferroviaria Italiana (RFI) for abuse of dominant position in the market for railway transport by the approval of a set of behavioural commitments offered by the FS and RFI to resolve the competition concerns raised by the AGCM (Autorità Garante della Concorrenza e del Mercato, 13 November 2008, Case A389 - Rail Traction Company/Rete Ferroviaria italiana-Ferrovie dello stato, Provvedimento n° 17327, Chiusura istruttoria; Bollettino n° 43/2008).The abusive conduct complained of consists in the non-application of the so-called K-2 discount, which, under some circumstances, railway undertakings are entitled to on the charge access to the rail network. The factual and regulatory background In order to modernize the ageing Italian rail network, the installation of a new signalling system (SCMT) has been decided. This system consis...

In the space of a month the Italian Competition Authority or ICA fined ADR and SEA, the managers of the airports of Rome and Milan, respectively, for setting excessive airport fees for access to certain airport facilities. ADR and SEA were so condemned to pay a fine of € 1.668.000 and € 1,549,000, respectively. (Autorità Garante della Concorrenza e del Mercato or AGCM, case A376, decision of 23 October 2003, Aereoporti di Roma-Tariffe Aereoportuali, Bollettino 40/2008, and AGCM, decision of 26 November 2008 case A377, SEA-Tariffe Aereoportuali. ADR enjoyed a dominant position at the Rome’ airports of Fiumicino and Ciampino, as holder of an exclusive licence for the joint management of the airports until 2044. SEA, instead, has a dominant position at the Milan’s airports of Linate and Malpensa as holder of an exclusive licence for the joint management of the airports until 2041. ADR has been found guilty of violating Art. 82 EC for imposing excessive airport fees for refuelling and s...