The Italian Competition Authority opens investigation for abuse of dominant position in the railway transport sector relating to the charge access to the network (Ferrovie dello Stato / Rete Ferroviaria Italiana)

Introduction With a decision adopted on 18 September 2007 the Italian Competition Authority (AGCM) opened investigation against Ferrovie dello Stato (FS) and Rete Ferroviaria Italiana (RFI) for abuse of dominant position in the market for railway transport. [1] The abusive conduct complained of consists in the non-application of the so-called K-2 discount, which, under some circumstances, railway undertakings are entitled to on the charge access to the rail network. The factual and regulatory background In order to modernize the ageing Italian rail network, the installation of a new signalling system (SCMT) has been decided. This system consists of two components, one to be placed on the track by RFI, the manager of the rail network, and one to be fitted to locomotives. RFI has also