Italië buigt voor druk van Neelie Kroes: Spaanse uitbater van snelwegen mag Italiaanse branchegenoot overnemen (en)

Following her meeting in Brussels on 7th November with Antonio Di Pietro, Italy's Minister for Public Works, European Commissioner for Competition Neelie Kroes i expressed her satisfaction that the Italian authorities have removed what the Commission considered to be unjustified obstacles to a merger between Abertis of Spain and Autostrade of Italy.

Commissioner Kroes also welcomed Mr Di Pietro's undertaking to respect in full the EU Merger Regulation and that any further authorisation measures concerning the merger would not be implemented without first obtaining the authorisation of the Commission in accordance with Article 21 of the EU Merger Regulation.

"I am delighted that the Italian authorities have offered to cooperate fully with the Commission in ensuring that this cross-border merger can take place without unjustified hindrance", commented Commissioner Kroes. "It is essential that Member States respect the Commission's exclusive competence to vet mergers of a European dimension and desist from obstructing cross-border mergers. Europe will only realise its full potential if companies can operate and invest throughout the Single Market."

Both Abertis and Autostrade are active in the management of toll motorways. This is a merger of a European dimension falling within the exclusive competence of the Commission under the EU Merger Regulation, and was approved by the Commission on 22nd September 2006 (see IP/06/1244).

The Commission adopted a preliminary conclusion on 18th October that Italy had violated Article 21 of the EU Merger Regulation because of unjustified obstacles placed in the way of the Abertis-Autostrade merger (see IP/06/1418). In particular, the Commission had serious doubts about the compatibility with Article 21 of an opinion delivered by the Ministers of Infrastructures and of Economic Affairs on 4 August 2006 as well as of a decision adopted on 5 August 2006 by the public entity responsible for granting motorway concessions in Italy (ANAS), rejecting Autostrade's application for authorisation to merge with Abertis. Both the Ministers' opinion and the ANAS decision have now been withdrawn.