Antitrust, competition and State aid law

Thanks to our solid experience in the field, also through significant expertise of professors and professionals, who have been consultants to the Italian Ministry of Infrastructure and Transport and to public bodies, we provide consultancy, out-of-Court advice and Court representation to public bodies, trade associations and private enterprises.

Our services cover all legal aspects related to the issues and disputes concerning the implementation of EU and domestic legislation in sectors such as transport infrastructure construction and development, and the start-up, enhancement and management of transport services. We also deal with all issues concerning anticompetitive behaviors between companies such as, among others, trade agreements and abuse of dominant position, State aid and unfair competition. Not only do we deliver expert advice on development and enhancement of infrastructures and transport services, including their funding, but we also provide assistance in the drafting of the relevant  regulations at a national, regional and local level, as well as in the implementation of the related legislation and in the realization of procedures and tenders for the issue of concessions of assets and/or award of services. Our services also include out of Court advice in the proceedings of the Italian Antitrust Authority and of the European Commission, and Court representation in the proceedings before the Italian Courts and the European Court of Justice.

Recent representative matters include:

• we have assisted some important Italian companies operating nationally and internationally in the field of maritime transport of goods and passengers in preparation of an appeal to the Regional Administrative Court relating to the annulment of the measures adopted by the Transport Regulatory Authority (ART) having as the subject a demand to pay an annual contribution for the functioning of the said Authority;
• we have acted for a Shipowners’ Association with regard to funding in the maritime sector, and to competition law in relation to sea transport services;
• we have provided out of Court advice and Court representation before administrative Judges to a company which provides port environmental services, with regard to the possibility of providing services in competition with other operators;
• we have advised and represented some local public bodies concerning the regulations governing local public transport, with particular reference to compensation for public service obligations;
• we assisted a company which offers services of road transport of passengers by bus of international and interregional character in preparation of an appeal before the specialized Sections about enterprises of an Italian Court in order to ask for the urgent inhibition of abuse of a dominant position and/or unfair competition for violation of public policies implemented by the operator of a remarkable bus terminal;
• we have advised a Shipowners’ Association on the determination of towing service charges;
• we have represented a company which provides general and customs related services in an important Italian port, in a proceeding concerning abuse of dominant position and restrictive trade practices in the port sector;
• we have advised a company operating in the logistics and transport sector in a proceeding before the AGCM (i.e. the Italian Antitrust Authority) for abuse of dominant position in the rail sector.