After three years since the approval of the merger operation through which Compagnia Aerea Italiana (CAI) acquired the operating assets of Alitalia Linee Aeree Italiane S.p.A.(Alitalia)as well as AirOne - Alitalia‘s main national competitor - the Italian Competition Authority (the “ICA”) opened an investigation to assess whether the dominant positions held by the post merger entity - at the moment of the 2008 clearance decision [1] - on certain national routes (namely 18 routes among which Roma FCO/Milano Linate) [2] still exist and, if so, how they should be eliminated [3]. The ex post assessment of the impact of a merger operation on the relevant markets sounds certainly unusual for the European antitrust community, since - by definition - merger control rules operate ex ante with the
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The Italian Competition Authority opens an investigation to assess whether the dominant positions held by a leading airline at the moment of a 2008 merger operation on certain national routes still exist and, if so, how they should be eliminated (Alitalia/CAI bis)
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