The Abuse of Dominant Position in the Rail Sector: The View of the Italian Competition Authority

Abstract

The pro-active stance taken by the Italian Competition Authority (ICA) on the application of competition rules to the rail sector was instrumental in ensuring the effectiveness of liberalization measures. In particular, the ICA relied on commitment decisions to close investigations against the incumbent rail operator. Through this procedure, the ICA could design suitable commitments to secure for new entrants access to the rail network. However, unlike the European Commission, the ICA was not ready to oblige the Italian rail incumbent to share its locomotives with new competitors.