competitionlaw

The status of congested airport of the Milan airport of Linate (LIN) has already played a decisive role in the reviews carried out by the Italian Competition Authority or ICA on the competition effects of some concentrations or restrictive business practices in the transport aviation industry (ex multis, AGCM, case C7667, Alitalia/Volare). The dearth of available slots at this airport constitutes an almost insurmountable entry barrier for airlines intending to operate flights from/to LIN. The markets corresponding to routes between LIN and other airports are so likely to be concentrated with only one or a few carriers providing this links. This problem also surfaces in an opinion recently released by the ICA on the new regime for the public service obligations regarding the air links between Sardinia and Continental Italy (AGCM, opinion AS509, Regime di Imposizione di Obblighi di Servizio Pubblico sui Servizi Aerei di Linea da e per la Sardegna, Boll. 12/2009). The ministerial decree o

The Italian Competition Authority (ICA) has ruled out that the Rome’s sightseeing tours operated with double-decker open buses are local public transport services (AGCM, decision n. 19627, case SP109, Trambus/Attività Autobus di Linea GT, Boll. 10/2009, http://www.agcm.it. ) The question arises in the context of art. 8 (2 bis) of the Italian Competition Act n. 287/90 that obliges undertakings which, by law, are entrusted with the operation of services of general economic interest or operate on in a monopoly situations to carry out economic activities on markets other than those reserved to them through separate companies. Since 2000 Trambus, a subsidiary of the Municipality of Rome to which is entrusted the provision of 80% of the Rome’s public transport services, has operated sightseeing tours first directly then through its subsidiary Trambus Open. Contrary to what prescribed by art. 8 (2ter) of the Act 287/90 Trambus it did not notify the ICA the setting up of a separated company