Authority previously accepted three commitments offered by the company. Extension strictly linked to transitional nature of two commitments, to be implemented pending approval of new regulatory framework

In its meeting of 22 September 2026, the Italian Competition Authority extended the deadline for the conclusion of its proceedings, launched last May, aimed at reviewing some of the commitments made binding on Rete Ferroviaria Italiana S.p.A. (“RFI”).  The commitments closed the Authority’s investigation into a possible abuse of a dominant position by the national railway infrastructure manager in breach of Article 102 of the TFEU (case no. A575).

RFI’s conduct, which centred on the procedures for allocating capacity on high-speed national rail infrastructure, raised specific competition concerns due to its potential to hinder access to the rail network by new operators. 

Following a complex investigation, which involved both the infrastructure manager and all rail operators concerned, the Authority deemed the commitments offered by RFI capable of addressing its competition concerns.  The Authority identified concerns regarding the procedures and criteria for allocating infrastructure capacity which, if unchanged, would have hindered access to the network by new operators.  This, in turn, would have hindered effective competition in the provision of high-speed rail network services, to the detriment of consumers.

The commitments also took into account the Transport Regulation Authority’s stated intention to review the rules governing the allocation of framework capacity.  However, the prospect of regulatory reform did not provide grounds for the Authority to delay its intervention, as its powers require it to act promptly to address identified competition concerns and restore effective market access.

Of the three commitments accepted by the Authority, the one assigning the new entrant a package of train time slots is not affected by the review.  On the other hand, the Authority’s extension is strictly linked to the transitional nature of the other two commitments under review (Commitments 2 and 3), to be implemented pending approval of the new regulatory framework governing the allocation of capacity to rail operators.  The commitments are designed to prevent the continued reliance, pending new rules, on allocation methods that restrict competition.

The review therefore focuses on coordinating the transitional measures with the new regulatory framework currently being developed, without calling into question the need for antitrust intervention or the measures already adopted to enable effective entry by new operators into the high-speed market.

Rome, 30 September 2026

Text of the decision