ANTITRUST | The ICA opened investigation proceedings against Trenitalia for a possible abuse of dominant position

On 21 March 2025, the Italian Competition Authority (“ICA”) has opened an investigation against Rete Ferroviaria Italiana S.p.A. and its subsidiary Ferrovie dello Stato Italiane S.p.A. (together the “Parties”) for ascertaining a possible infringement of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”). According to the ICA, the said infringement would consist of various conducts aimed at hindering access to the national railway infrastructure and, consequently, the entry of the new entrant operator on the market for high-speed passenger services, through (a) the establishment of a system of rules and procedures for the allocation of framework capacity aimed at hindering the entry of a new operator capable, in particular, of absorbing the market share of the Parties; (b) the allocation of excess framework capacity to incumbent operators, thereby exacerbating the anti-competitive effects of the above system. The deadline for the closing of the preliminary investigation is set on 31 July 2026.

Newsletter n. 106 – April 2025