Fines to Moby and Gnv made void

Genoa - The sudden rise in prices by up to 65% on the routes to Sardinia was not a consequence of a cartel or any concerted action, as the Antitrust authority held, but it was the consequence of heavy losses on the route and the need to cope with them. The sentence of the Lazio Regional administrative court upheld the appeal of the ferry companies against the Competition Authority. Last June, the Antitrust Authority fined Moby, Gnv, Snav and Marinvest for the rates charged during the summer of 2011. The highest fine was charged to Moby, for 5.4 million euros, while Gnv’s fine was 2.3 million. “The Authority has failed to prove, or even show the presumption, the merits of its arguments, namely that the increase of prices applied by the plaintiffs was the result of a concerted practice,” reads the ruling made by Tar. “The fact that it is theoretically possible is not enough”. In essence, the administrative court upheld the appeal of the companies because the Authority was not able to provide proof. In addition, the Tar ruling also mentions the story of the troubled privatization of Tirrenia, which had attracted the attention of some ship owners affected by the fines, Moby and Marinvest in particular. According to the judges, “there is no doubt then that, after analyzing the relationships between Moby and the other companies that would form the C.I.N, there is no useful evidence to support the claim of a concerted practice . One can but speculate that among the future partners there may be hidden pacts, even about rates, but there is no direct confirmation (and this is understandable) nor any indirect clue: the simple verisimilitude, by itself, cannot be deemed sufficient”.

“We are very satisfied with the Tar’s ruling,” states Roberto Martinoli, president of Gnv. “We hope this will end the inferences of those who had accused the navigation companies of illegal behavior, seriously hurting their reputation”. There is another fine from the Antitrust given to Moby and Tirrenia-Cin (500,000 euros and 271,000 euros respectively) for the lack of discount in ticket prices and the existence of a code share agreement with some competitors on specific routes. The company presented an appeal to the Tar and a ruling is expected this summer. This is not the first time the administrative court has rejected the decisions of the Antitrust Authority and voided penalties imposed on port operators. Less than a month ago, the State Council annulled the huge 4 million euro fine imposed on Assagenti, Spediporto and another fifteen of the major Genoese and Italian maritime agencies, absolving all companies of the accusation of creating a price-fixing cartel.