ADUSBEF/AUTOSTRADE (Start of full phase investigation)
PRESS RELEASE
The Italian Competition Authority has initiated two proceedings against Autostrade S.p.A. to investigate alleged violation of the Sections 2 (restrictive agreements) and 3 (abuses) of the Law no.287/90.
The first investigation, which involves also Autogrill S.p.A., deals with the sub-licensing agreement for the sale and provision of non-oil goods and services on the highways administered by Autostrade.
In the course of the proceeding, the Authority intends to ascertain whether Autostrade has hindered operators of highway general service stations from selling food and other goods. In particular, whether Autostrade, which has an exclusive monopoly for managing over 50% of the Italian highway network, and sub-licenses service stations to third parties, impeded multiple operators from competing within the same service area. Autostrade's conduct could hamper market access and thus could be considered an abuse of dominant position, in violation of Section 3 of the Law no.287/90.
At the same time, Autostrade will grant Autogrill, in accordance to an agreement between the parties undersigned before the Autogrill's privatisation, a share between 80% and 90% of new licenses for the highway general service stations which are or will be available between 1988 and 2003 as well as a pre-emption right on the sub-licenses Autogrill enjoys already.
This agreement could impede market access to Autogrill's rivals, in violation of Sections 2 of the Law no.287/90.
The second investigation is deals with the roadside assistance services on the highway network. At the moment, the Automobile Club Italia - Aci 116 is the only authorized assistance provider on the highway network run by Autostrade. On July 25th 1995, Europ Assistance S.p.A., which mainly carries out assistance insurance activity, formally requested Autostrade to be authorized to provide the assistance services on the highway network. Autostrade rejected this request saying that the exclusive license service agreement with Aci 116 is necessary to ensure uniformity, universality and safety conditions.
The Authority deems that Autostrade's behaviour, consisting in denying to other roadside assistance service providers the authorization to access the highway network, does not seem to derive from the obligation incumbent on Autostrade to guarantee universal rescue and assistance services, since this goal can be achieved by adopting different organizational models, in line with competition principles.
The Authority points out, therefore, that Autostrade's behaviour could constituted an abuse of dominant position which violates Section 3 of the Competition Act.