AGCM

PRESS RELEASE

MARITIME TRANSPORTATION: THE ANTITRUST AUTHORITY RE-LAUNCHES ITS INVESTIGATION AGAINST THE PRIVATE MARITIME NAVIGATION COMPANIES ACTIVE IN THE GULFS OF NAPLES AND SALERNO, SO AS TO VERIFY THE EXISTENCE OF AN ANTICOMPETITIVE MARKET SHARING AGREEMENT AS WELL AS THE COORDINATION OF COMMERCIAL BEHAVIOURS, INFRINGING THE COMMITMENTS UNDERTAKEN IN 2009.

Possible impact on tariffs. The investigation has been launched against the following companies: Gruppo Lauro, SNAV, Navigazione Libera del Golfo, Medmar Navi; and was extended to Associazione Cabotaggio Armatori Partenopei and the consortium Gescab. Said investigation was notified today during the inspections carried out in collaboration with the Special Market Protection Unit of the Guardia di Finanza (Italian Tax Police).

The Autorità Garante della Concorrenza e del Mercato has re-launched its preliminary investigation closed in 2009 with the undertakings’ acceptance of their commitments. Said investigation concerns agreements restricting competition and involves the following companies: Gruppo Lauro, Grouppo D’Abundo–Rizzo (Medmar Navi), Grouppo Aponte (Navigazione Libera del Golfo), and SNAV.

According to the Antitrust Authority, in the light of the many reports received, the private maritime navigation companies, besides infringing the commitments undertaken within the ambit of the previous preliminary investigation, have also carried out common behaviours liable to constitute further infringements as regards the prohibition of restrictive agreements. All this also by means of Associazione Cabotaggio Armatori Partenopei and Gescab against which the investigation has been extended.

The first elements collected by the Antitrust Authority evidenced a coordination activity aimed at defining joint tariff increases for the transport services offered, infringing the commitment to limit common initiatives to the sole aim of improving the quality standards of their service. The reports received concerning the inefficiencies as regards the cancelling of routes, delays, or the change of the timetable with no notice whatsoever, lead to suppose the infringement also of the commitment undertaken to respect the quality standards of the maritime transportation service.

According to the Authority, the companies are likely to have entered into an agreement aimed at sharing the maritime transportation market from and to the Neapolitan islands, so as to be safe from mutual competition. Moreover, the coordination of commercial strategies as regards tariffs is likely to integrate new and autonomous infringements of competition rules.

This is the first time that the Authority has re-launched an investigation due to an infringement of undertakings’ commitments.

The investigation must be closed within 30^th May 2014.