Bird & Bird secures AGCM acceptance of important commitments on behalf of public railway incumbent Trenitalia

On 3 May, the Italian Competition Authority, the AGCM, accepted commitments proposed by Trenitalia (the public railway incumbent) and closed its Article 102 TFEU investigation for constructive refusal to deal in the markets for regional and medium-long distance public rail passenger transport services on the conventional network.

Before this, according to the Authority Trenitalia had a competitive advantage that could not be replicated by competitor Italo - Nuovo Trasporto Viaggiatori (Ntv), who had previously asked Trenitalia repeatedly whether they could do the same. However, they could not come to an agreement and resolve the issue.

Therefore, following this decision, Ntv will now be able to market Trenitalia’s regional and Intercity service tickets, combined with its own high-speed services (HS), and this will also be extended to regional connections operated by Trenitalia’s subsidiaries.

Our Italian EU and Competition Law team together with Gianni Origoni Law Firm successfully assisted Trenitalia during the investigation with the aim of enabling the Company to continue its business in full compliance with competition rules.

Please click here to read the Italian Competition Authority’s press release

Text of the measure (in Italian)

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