Caronte & Tourist Secures Appeal in Strait of Messina Ferry Services Case

Cleary Gottlieb represented Caronte & Tourist S.p.A. before the Italian Council of State in proceedings concerning an alleged abuse of dominance through the charging of excessive prices in the market for ferry services across the Strait of Messina.

In a judgment dated July 22, 2026, the Council of State upheld Caronte & Tourist’s appeal and annulled the decision by which the Italian Competition Authority had fined the shipping company for abusing its dominant position.

The judgment addresses both the procedural requirements governing the duration of investigations and the protection of rights of defence, as well as the substantive standards applicable in excessive-pricing cases.

In particular, the judgment confirms that findings of excessive-pricing abuse, which remain exceptional in nature, require a particularly rigorous assessment of market structure, competitive constraints, and the methodology used to assess costs. It also underscores that substantive enforcement cannot be separated from full compliance with procedural safeguards and the effective protection of undertakings’ rights of defence.

The Cleary team included senior counsel Mario Siragusa and associates Riccardo Tremolada and Giulia Lodigiani.