Trenitalia Before the Italian Antitrust Authority in an Abuse-of-Dominance Investigation

Cleary Gottlieb represented the Italian incumbent railway operator Trenitalia before the Italian Antitrust Authority in an abuse-of-dominance investigation into the conduct of certain corporate entities of the Ferrovie dello Stato Italiane Group (Fsi, Rfi, Trenitalia, Grandi Stazioni, Centostazioni and Fs Sistemi Urbani).

Investigations were launched on May 23, 2013, after Nuovo Trasporto Viaggiatori, the new entrant in the market for high-speed passenger services, complained that the FSI Group adopted an exclusionary strategy to its detriment in the markets for access to the railway infrastructure, the management of advertising spaces in major Italian stations and the high-speed rail transportation of passengers.

On February 19, 2014, the IAA closed the case on the ground that the commitments submitted by the undertakings – and made binding on them by means of its final decision – were sufficient to address its competition concerns, since they would increase access to the market for high-speed rail transportation of passengers by competitors of Trenitalia, both as regards the efficient use of network infrastructure and the use of space within the stations. The IAA decision was published on March 12, 2014.