In the Antitrust Authority's view, the substantial changes that have taken place in the competitive dynamics of these markets as well as the upcoming new tender process imposed by the Council of State for the purchase of Volare mean the structural changes foreseen (release of slots) need to be replaced by behavioural measures (reallocation). The slots are to be reallocated to routes where Alitalia-Volare's market share does not exceed 60 per cent. These new measures are of course valid only if Alitalia retains control of the Volare group.

Specifically:

a) Beginning with IATA's Winter 2008-09 season, Alitalia must reallocate the Volare slots used with the VE code on the Linate-Lamezia Terme and Linate-Paris routes. The reallocation is to be made to newly created routes out of the Milan-Linate airport or, in any case, to routes where Alitalia's share is under 60% in terms of overall operating frequency. In any case Alitalia, for four IATA seasons beginning with Winter 2008-09, may not reassign the same slots to the Linate-Lamezia Terme and Linate-Paris routes;

b) On the Linate-Bari route, if during the next four IATA seasons its market share in terms of operating frequency should again exceed the threshold of 60%, Alitalia must reallocate the Volare slots to newly created routes out of the Milan-Linate airport or, in any case, to routes where Alitalia's share is under 60% in terms of overall operating frequency.

The proceeding for review of the conditions imposed on Alitalia on 5 July 2006, at the time of its acquisition of Volare, was begun on 24 October 2007: the continuing uncertainty over the ownership of the Volare group and over the Alitalia situation led the Authority to re-examine the case.

Rome, 27 June 2008