Fine of 29,2 million euros of the Antitrust to Moby and CIN for abuse of dominant position



The Guarantor Authority of the Competition and Market (AGCM) has comminato a pecuniary fine of 29,2 million euros to the company of Moby navigation and the Italian Company of Navigation (CIN), the society that has acquired Tirrenia di Navigazione, both part of the Honored group Shipping, in order to have misused own dominant position in three guiding of marine transport of goods between the Sardinia and continental Italy (North Italy Sardinia-North, North Sardinia Centro Italia, South Sardinia Centro Italia), in violation of article 102 of the Treaty on the Operation of the European Union.

The Authority Antitrust has explained that in the course of the preliminary investigation, that is originated by the signallings of the two societies of Trans logistics Islands and Logistic New Lucianu and of the company of marine transport Grimaldi Euromed, to which successively Grendi has joined Marine Transports, is assessed that, at least in the period that go today from september 2015, strong of own dominant position on these markets, Moby and CIN have placed in being intentionally composita and aggressive anti-competitive conduct time to hinder the increase of own competitors.

In particular - it has clarified the AGCM - such conduct has come true, on one side, through unwarrantable retaliations and penalizations, economic and commercial, regarding the logistics enterprises that have made use of the services of the competitors, from the other, through the concession of competitive advantages of varied nature to the remained enterprises loyal to CIN and Moby, so that these last ones could remove store clerks to the enterprises of logistics become customers of the concurrent shipowners of the dominant enterprise.

The AGCM has specified that the strategy is put in existence with the scope precipuo to be harmful to the logistics enterprises "traitors" and, for glare, to hinder or to prevent the access to new competitors to the important markets. Such objective - it has specified the Antitrust - effectively has been realized regarding the societies Grimaldi and Grendi.

The Antitrust has evidenced moreover that the put multiform strategy in existence from the enterprises of the Honored group has narrow seriously the competition, hindering the income of new competitors in the three guiding ones of marine transport of goods from and for the Sardinia, and turning out suitable to cause to a prejudice to the consumers of the assets transport object.

Moby has replied to the deliberation of the AGCM manifesting astonishment for the decision of the Antitrust "in which - she has emphasized the navigation company - we are accused to have hindered the operativity of some societies of logistics. Having the companies of the Honored group Shipping I always churn with correctness, in the exclusive interest of the customers and, whereby in being, the full respect of service contracts - it has concluded the company - we are trusting that, as already happened in the past, the administrative magistracy, which we will address, you cancel the decision confirming our irreprensibilità".

To the concise business official notice of the Moby a concise declaration of the patron of the Honored group is continuation but very equally more poisonous Shipping: ""nothing to report under the sun", it has commented Vincenzo Onorato, second which the outcome of the preliminary investigation of the Antitrust constitutes "an attended attempt, between the many, of revenge of the System Italy-lobby against the occupation of the Italian staff. Singular - the Honored dose has raised the price - than the Guarantor Authority it is not never intentional to interest by sea of the monopoly on the Sicily in the field of the transports. However - it is the Honored rabid conclusion of - the history of Petruzzella, president of the Guarantor Authority, speaks from himself. Very a new government comes who makes cleansing of ancién the regime of the lobbies".