A443 - Rail transport: Antitrust launches investigation to find out if the FS Group has abused its dominant position to promote Trenitalia by hindering NTV. Procedure resolved in view of reports received by the competitor
PRESS RELEASE
PRESS RELEASE
RAIL TRANSPORT: ANTITRUST LAUNCHES INVESTIGATION TO FIND OUT IF THE FS GROUP HAS ABUSED ITS DOMINANT POSITION TO PROMOTE TRENITALIA BY HINDERING NTV. PROCEDURE RESOLVED IN VIEW OF REPORTS RECEIVED BY THE COMPETITOR
Analysis will regard the group's behaviours in the markets of access to the network, the management of advertising spaces and high speed passenger transport services.
In a meeting on 22nd May 2013, the Autorità Garante della Concorrenza e del Mercato voted to launch an investigation to see whether the FS Group abused its dominant position in the market of access to the national rail infrastructure, management of advertising spaces inside the main Italian stations and the market for high-speed passenger rail transport services. The decision was adopted in view of the reports submitted by the competitor, NTV, between 2012 and May 2013.
According to the Antitrust Authority, the disputed behaviours that FS put in place, through its subsidiaries RFI, Trenitalia, Grandistazioni, Centostazioni and FS Sistemi Urbani, could hamper entrance into the market for high-speed rail services to the new entrant operator, NTV, to the advantage of Trenitalia, with injury to the end consumer.
According to the complaints, the group implemented:
a) a strategy aimed at hindering access to the railway infrastructure and making it unprofitable for NTV to offer high-speed services: this involves behaviours of compressing margins to the detriment of the only competitor in the high-speed passenger transport and obstructionist behaviour in access to railway infrastructure (failure to assign tracks in rush hour and lack of access to maintenance of Milan San Rocco);
b) discrimination and obstructionism in NTV's activities at a number of stations that are part of the high speed network;
c) inefficiency in the management of numerous stations served by NTV.
Such behaviours, if verified, could decisively impact precisely the most delicate phase of start-up of NTV, significantly raising entry costs and favouring Trenitalia.
Rome, 28th May 2013