
The Italian Competition Authority, in
compliance with the sentence of the Council of State of last 30
December which confirmed the sentence of the Administrative Court
Regional for Lazio which had accepted Grimaldi's appeal
Euromed against the merger between Ignazio Messina
& C. and Terminal San Giorgio, both operating in the port of Genoa
(
of
5
July 2023), resolved to reopen the
proceedings initiated on 27 February 2024 which had ended on 23 February 2024
May 2024 with the authorisation of the concentration to
condition that Ignazio Messina give full and effective execution
a series of measures including the amendment of the shareholders' agreement
relating to the joint control of the company by
Messina Spa Group and Marinvest (Mediterranean Shipping Group
Company Rights), non-discrimination obligations and guarantees of access to
rolling freight terminal services provided by Terminal San
Giorgio,
In its decision, the AGCM recalls that the December
of the Council of State has ordered "the regression of the
procedure to the preliminary phase, which must be
completed by the Authority through the adoption of a new
measure, which may be in the sense of prohibiting or
conditionally authorise the concentration, but in the second case
purified of the defects indicated in the motivation" and was
also provided for "the maintenance of the effectiveness of the
a measure burdened until the adoption of the measure that
the Authority will adopt following the re-edition of the
power". In the resolution, the antitrust authority
specified that the procedure must be concluded by
ninety days from the date of resolution.