AGCM

PRESS RELEASE

INVESTIGATION INTO NET SERVICE SPA FOR AN ALLEGED ABUSE OF DOMINANT POSITION

The ICA launched an investigation into Net Service with the aim to ascertain an alleged abusive conduct involving the entire computer system chain for carrying out services pertaining to judicial functions. In fact, besides creating and managing on behalf of the Ministry of Justice the platform for the Processo civile telematico (PCT – “Online Civil Trial”), it is integrated in the downstream market and offers the application software to the professionals of the sector, in competition with other companies.

Moreover, Net Service’s dominant position in the upstream market allows it to know how the sector’s IT language is evolving before its competitors. This enables the company to perfect and update the software to be sold in the downstream market before others. It follows that Net Service has the competitive obligation to promptly put at competitors’ disposal the same information in its possession for the development of the mentioned software. Non-compliance with this obligation poses relevant competitive risks. In fact, the company could unduly extend its monopolistic power in the upstream market onto the downstream market, through discriminatory conducts - such as, for example, the incomplete and ill-timed communication of new specific techniques - hindering the development of competitive offers.

In order to ascertain these circumstances, the ICA carried out inspections at Net Service’s premises, with the aid of the ICA’s Special Unit of the Guardia di Finanza.

Rome, 20 May 2016