Brussels, 31/01/2007 (Agence Europe) - According to a Commission press release of 31 January, the resistance of the Italian government to the merger between the Spanish motorway firm Abertis and Italian company Autostrade (a merger that was approved by the Commission last September: EUROPE 9272).
In an effort to block this merger, Rome implementation an authorisation procedure but refused to adopt an authorisation decision for the transfer of the concession. Only the Commission has the authority to impose conditions on cross-border mergers in the Union. By implementing such measures without prior notification to and approval by the Commission, the Italian authorities violated the notification. The Commission also has to be informed in advance through notification of any measures that can constitute an obstacle to competition, together with a justification. Although there are derogations for public security, plurality of media and prudential rules, none of these areas are affected by the project in question and these cannot be used b to justify restriction of access to Italian companies.
The Italian authorities have been invited to express their views on the Commission's preliminary assessment within fifteen working days. If the Commission's preliminary assessment were confirmed, the Commission could adopt a decision declaring that Italy is in breach of Community law. (ab)