AEROPORTI DI ROMA-TARIFFE DEL GROUNDHANDLING
PRESS RELEASE
PRESS RELEASE
The investigation of Aeroporti di Roma has been completed
The Competition Authority has decided to close the investigation of the Aeroporti di Roma company for alleged abuse of the dominant position prohibited by article 82 of the EC treaty on the market for ground handling services and airport infrastructure management at Rome's Fiumicino Airport.
The investigation began following complaints from air transport and ground handling services companies operating at Rome's Fiumicino Airport. The Competition Authority found evidence showing that the system for providing discounts for ground handling services adopted in 1998 by Aeroporti di Roma, based on reductions linked to the volume of services contracted and the length of the supply contracts, were likely to hamper access by competitors to the market for services that had recently been liberalized in implementation of Community directive 96/67/EC.
However, the Competition Authority did not find that any EC Treaty Article 82 offences had been committed; firstly, because no alternative supply sources existed for the airlines during the period to which the volume discounts applied (for reasons beyond the control of Aeroporti di Roma); and, secondly, because Aeroporti di Roma did not in the event conclude any multi-year supply agreements with the airlines and hence did not grant any discounts linked to the duration of those agreements. It was also the case that during the course of the proceeding, and before the notification of the results of the investigation, Aeroporti di Roma had taken steps to substantially correct the discount system, particularly by announcing that it had ceased to offer special terms based on the duration of the supply agreements.
However, the Competition Authority did find Aeroporti di Roma liable for unlawful anti-competitive conduct in that it had unjustifiably delayed taking action, with the result that in 1998 Meridiana was prevented from providing its own ramp supervision and aircraft balancing services through its subsidiary company, Aviation Services. The Authority ruled that the statutory and regulatory environment on which Aeroporti di Roma relied to justify its conduct in this regard did not remove liability from the company in respect of the commission of offences against competition law.
Lastly, the Authority concluded that Aeroporti di Roma had not abused its dominant position on the market for the provision of airport infrastructure services to the detriment of the supervisory and agency service providers at Rome Airport, because the conditions of the sub-franchise which had been the subject of the complaint and which were potentially likely to limit competition, had never been applied.
Rome, 16 October 2000.