Stampa

I761 - Telephone services: Antitrust Authority launches investigation into possible agreement in the wholesale market of ancillary technical services for the fixed telephone network


PRESS RELEASE


PRESS RELEASE

TELEPHONE SERVICES: ANTITRUST AUTHORITY LAUNCHES INVESTIGATION INTO POSSIBLE AGREEMENT IN THE WHOLESALE MARKET OF ANCILLARY TECHNICAL SERVICES FOR THE FIXED TELEPHONE NETWORK

Investigation to ascertain whether the behaviour of Alpitel, Ceit Impianti, Sielte, Sirti, Site and Valtellina is susceptible to restricting competition. Measure notified during inspections conducted in collaboration with the Antitrust Group of the Guardia di Finanza’s (Italian Tax Police) Special Market Protection Unit

In a meeting on 27th March 2013, the Autorità garante della concorrenza e del mercato decided to launch an investigation to ascertain whether Alpitel, Ceit Impianti, Sielte, Sirti, Site and Valtellina have adopted behaviour that is able to restrict competition in the wholesale market of ancillary technical services for the fixed telephone network. Today the parties concerned were notified of the measure, which was initiated following reports by Wind, during the course of inspections conducted in collaboration with the Antitrust Group of the Guardia di Finanza’s (Italian Tax Police) Special Market Protection Unit.

According to the Antitrust Authority, the evidence produced by Wind appears to point to an agreement aimed at fixing prices of corrective maintenance services for rectifying network faults (termed assurance), forming part of the ancillary technical services market, which also includes line activation services (delivery). It is a fledgling market as the wholesale market of ancillary technical services for the fixed telephone network was only liberalised in April 2012 upon conversion of Decree Law no. 5 of 09th february 2012: as a result of this legislation, for the first time Other Licensed Operators (OLOs) which make use of elements of the fixed digital communication network and which require technical interventions may have recourse directly to third-party operators in the related sector.

Against this background, offers received by Wind in July 2012 from Alpitel, Ceit, Sielte, Sirti, Site and Valtellina (which already provided maintenance services on the fixed telephone network) were extremely similar, with a minimum gap between the different values of the services. Such similarity, in contrast, was not seen in subsequent offers – based on the same technical and economic conditions – made by Aurora Telecomunicazioni, Imet and ADS. Essentially it appears that a distinction may be made between companies already providing fixed telephone network maintenance services and new market entrants such as Aurora Telecomunicazioni, ADS and Imet. The presence of a small number of companies which currently already offer such services may have encouraged them to reach and maintain an agreement by facilitating communication, price coordination and reciprocal monitoring of behaviour between them with regard to ancillary technical services, which, with the recent change in legislation, OLOs will be able to purchase unbundled from access.

The investigation is scheduled to be completed by 27th March 2014.

Rome, 04th April 2013