Press Release: Mergers: Commission sends preliminary assessment to Italy on measures to block Abertis-Autostrade merger

The European Commission has come to the preliminary conclusion that Italy has violated Article 21 of the EU Merger Regulation because of unjustified obstacles placed in the way of a merger between Abertis of Spain and Autostrade of Italy (both 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. In particular, the Commission has serious doubts about the compatibility with Article 21 of a binding 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. The Commission preliminary assessment is that it cannot consider at this stage that these measures aim at protecting legitimate interests compatible with the general principles and other provisions of Community law. The Commission approved the Abertis-Autostrade merger on 22 September 2006 (see IP/06/1244).