AGCM

On 12 March 2019 the ICA (Italian Competition Authority) has opened an investigation to assess whether Ireti Spa, Italgas Reti Spa and 2i Rete Gas Spa - the incumbent gas distribution operators in several municipalities of the Province of Genoa - have individually infringed Art. 102 of the TFEU by abusing of their dominant position, as current exclusive concessionaires, in order to inhibit or at least significantly delay the planned competitive procedure for awarding the gas distribution service in ATEM Genoa 1, the minimum territorial district that includes these municipalities.

In particular, the Municipality of Genoa, as the tender authority, reported to the ICA that the aforesaid three operators have refused to provide certain information on the characteristics of their distribution networks which is essential for preparing the tender documents. The supply of this information from all three operators is crucial to draft the call for tender and carry out the tender procedure. As a consequence of thedelay in awarding the new concession contract, each operator continues to provide the gas distribution service according to the previous concession.

Considering the risk of serious and irreparable damage to competition, the ICA has also opened a proceeding which could lead to the imposition of an interim measure on the three operators.

On 21 March 2019, the officials of the Italian Competition Authority, in collaboration with the Special Antitrust Unit of the Guardia di Finanza, have carried out inspections at the premises of the companies involved.

The investigation shall be concluded by 30 March 2020.

Rome, 21 March 2019