By reasoned opinion issued on 2 October, the Authority
The Italian Competition Authority (AGCM) had declared
the resolution of 4 August of the Committee of
management of the Port System Authority of the Ionian Sea
on the establishment of a labour agency
temporary in the legal form of a liability company
limited to mixed public-private participation pursuant to Article 17 of the
Legislative Decree No. 175/2016. On your latest bulletin
the AGCM explains that it 'considered that this resolution was
unlawful for the following reasons: the undue participation of
control of the share capital of the joint venture, not
in line with the Authority's institutional purposes
of the Port System of the Ionian Sea, in violation of Article 4 of the
Legislative Decree no. 175/2016; the significant lack of motivation
analysis of the chosen method of entrustment and the
reasons for not having recourse to the market, in violation of Article
5 of Legislative Decree no. No 175/2016'.
The antitrust authority recalled that, "in response to the
opinion, the Port System Authority of the Ionian Sea has
adopted Resolution no. 13 of 23 October 2023, with which it
annulled the contested measure in self-defence.
The Authority considered that the annulment of the measure
contested by the Port System Authority of the Sea
Ionian is sufficient to eliminate the violations found
in its reasoned opinion. Therefore, having taken note of the
of the Port System Authority of the Ionian Sea to the opinion of the
reasoned decision of 2 October 2023, the Authority resolved, in the
meeting of 28 November 2023, not to appeal to the Puglia Regional Administrative Court
- Lecce against the resolution in question'.