Stampa

Possible obstacle to the Bolzano Province in a local public transport tender, preliminary investigation initiated on SAD


PRESS RELEASE


In its meeting of 17 January 2017, the Italian Competition Authority (“ICA”) resolved to initiate investigation on SAD – Trasporto Locale S.p.A., to verify possible violations of Article 102 of the TFEU and/or Article 3 of Law no 287/90.

SAD allegedly implemented a continued strategy of not sending essential information to delay and/or prevent the Autonomous Bolzano Province from completing tender documents for the awarding of a contract for extra-urban road transport services. This obstacle to the awarding process, with the consequent extension of the current service contracts, could lead to a delay in the opening of the competition to choose the most efficient operator in the relevant extra-urban public passenger transport service market of Bolzano Province, damaging both SAD’s potential competitors and the final consumers in terms of lower service quality.

Considering SAD’s conduct, the Authority does not exclude that the fumus boni iuris and periculum in mora conditions are met for precautionary intervention pursuant to Article 14-bis of Law no 287/90, which states the following, “In urgent cases due to the risk of serious and irreparable damage to competition, the Authority may deliberate to adopt precautionary measures ex officio if, based on a summary examination, it determines the existence of an infringement”. Therefore, after hearing the Parties, the ICA will assess if the conditions exist for adopting precautionary measures to prevent SAD from continuing the attributable conduct.

The preliminary investigation was initiated upon a complaint by the Autonomous Bolzano Province and must be completed by 31 January 2019.

The initiation of proceedings was notified today during inspections carried out by the ICA in collaboration with the Special Antitrust Unit of Guardia di Finanza.

Rome, 25 January 2018