AGCM

PRESS RELEASE

PRELIMINARY INVESTIGATION AND INSPECTIONS INTO THREE PUBLIC TRANSPORT COMPANIES IN THE PROVINCE OF PADUA

The Italian Competition Authority has launched a preliminary investigation into Busitalia Veneto, Busitalia Sita Nord and APS Holding to verify alleged abusive practices in the market of local public transport in the Province of Padua. Therefore, with the aid of the ICA’s Special Unit of the Guardia di Finanza, the Authority’s officials are carrying out inspections at the premises of the companies involved, parties of the proceedings, deemed in possession of useful elements for the purposes of the investigation.

The first hypothesis being investigated is that of an abuse of dominant position allegedly carried out by the three companies infringing Article 102 of the Treaty on the Functioning of the European Union (TFEU). Specifically, the conduct consists in delaying or omitting to send information and data to the Local Public Transport’s Governmental Body of Padua and province, indispensable for completing the documentation necessary for awarding services. Consequently, public tenders cannot be called in the timeframe envisaged in compliance with competition principles.

At the same time, the ICA imposed a precautionary measure pursuant to Article 14-bis of Law 287/90. In fact, the conduct object of investigation had already impeded the conclusion of a public tender within the date established at 31 December 2016. Moreover, such conduct, if continued over time, would have the effect of delaying implementation indefinitely, thus hindering the opening of this market to competition.

Busitalia Veneto, Busitalia Sita Nord and APS Holding were challenged for a further abusive conduct in violation of Art. 3 of Law No. 287/90, that is: the threat to deactivate the service enabling the purchase of tickets through the electronic channel (the so-called SMS ticket) for suburban transport, should the Province of Padua not authorise the price increases requested.

Rome, 23 June 2016