Antitrust conditional green light to the acquisition of Toremar by Moby

Original news





The Competition Authority and the Market (AGCM) has approved the acquisition of the shipping company Toremar by Moby shipping group, but approval is subject to compliance with a series of measures that will be operational from the current season , to the extent that this is technically possible and does not lead to unjustified harm to consumers due to the reorganization of the offers, which are aimed at encouraging the development of competition in transport to the Isle of Elba, a market in which - according to the 'Antitrust - the acquisition would have led to the establishment of a dominant position in the field of maritime transport on the route Piombino-Portoferraio.

For the antitrust measures imposed are therefore appropriate and proportionate to ensure a competitive development market in the transport of passengers and goods to and from the Elbe and prevent a possible abuse of dominant position by Moby.Following the introduction of such measures, in fact - the Competition Authority said today - the share of slots assigned to Moby and Toremar pass from 80% to 66%, while that of Moby single drop from 39% to 24%.

In particular, the Antitrust Authority has decided that , with priority given to companies that have applied in the previous season. The measures - the Competition Authority has pointed out - are designed to overcome the existing barriers to entry in the routes to the Isle of Elba due to the limited number of landings / departures made (the so-called slots) from the port of Piombino to Elba and in particular to Portoferraio, allowing the entry of one or more competitors to the minimum efficient, given the current slots made available to competitors of Moby and Toremar by the Port Authority of Piombino. The purpose of the measures is to make sure that both Moby and its competitors can offer transport services for passengers and vehicles on the Piombino-Portoferraio, especially in summer, are technically feasible and economically and commercially viable.

The Antitrust Authority has determined that the slots released by Moby will be exclusively used on the route Piombino-Portoferraio.In addition, the transfer of slots to a single competitor can not happen to such an extent that it has a share higher than the remaining slots of Moby. If the Port Authority of Piombino to make available new slots, the obligations will be reduced automatically issued for Moby, Moby and Toremar not be provided to hold more than two-thirds of the available slots on the route Piombino-Portoferraio.

Moby is also obliged to exchange their slots with those related to contiguous schedules available to any actual or potential competitor but these can not be used for technical reasons, to the extent that it does not impoverish the offer makes it excessively or Moby;

Finally, the Antitrust Authority has determined that Moby can not participate in the first round of awards organized by the Port Authority of Piombino slots remaining or new competitors and that it will be for companies to indicate the slots that should give Moby or those who would like to share their .

These obligations will be valid until the year 2016 and during this period Moby Antitrust Authority must submit a report annually to the granting of the slots.

The Competition Authority and the Market has specified that they do not affect the conditions imposed public service obligations guaranteed by Toremar, the capital of which is currently wholly owned by the Region of Tuscany.