The Italian Competition Authority finds a cartel in the maritime links in the Gulfs of Naples and Salerno
By
a recent decision made in the Case I689C the Italian Competition
Authority (ICA) found that several ferry operators providing
transport passenger services across the Gulf of Naples and the Gulf
of Salerno, plus some joint ventures set up by them and a trade
association infringed Article 101 TFEU in two ways.
First,
the parties did not comply with the commitments they gave to the ICA
to close a previous Article 101 investigation concerning a market
share agreement for some maritime links in the Gulf of Naples.
Following several complaints filed by passengers, the ICA reopened
the investigation it had closed with a commitment decision in October
2009. Then it found that the parties were replicating the same
anti-competitive conducts, in the shape of coordination of their
commercial policies and operative strategies, the ICA had detected in
the previous investigation opened in 2008.
Second,
the ICA found that the parties breached Article 101 TFEU with a
further anti-competitive horizontal agreement. Through this agreement
the parties allocated the revenues and costs generated by the maritime links they operated across the Gulfs of Naples and Salerno on the basis of
previously agreed criteria and quotas. The agreement was implemented
with a systematic exchange of sensitive commercial data.
Totally,
the fines the ICA levied on all the parties exceeded € 14 million.
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