The Antitrust Authority initiates proceedings against Autostrade on tolls

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July 21, 2021

The Antitrust Authority initiated non-compliance proceedings against Autostrade per l'Italia as "in March the concessionaire company received a fine of 5 million and has not yet reduced the cost of the toll on sections with significant traffic problems". This was announced by the Authority in a note. The non-reduction of tolls concerns the sections on the A / 16 Napoli / Canosa, A / 14 Bologna / Taranto, A / 26 Genova Voltri-Gravellona Toce and, for the parts under its responsibility, A / 7 Milano-Serravalle-Genova, A / 10 Genoa-Savona-Ventimiglia and A / 12 Genoa-Rosignano.

In particular, the Authority explains, the proceeding was opened for non-compliance with the warning that required the company to cease the incorrect practice ascertained in March 2021 "given that ASPI has not reduced the cost of the toll and / or has not adopted any procedure for recognizing tariff concessions and reimbursements for motorway sections in which significant traffic problems occur due to extraordinary works for the insecurity of infrastructures that suffer from serious deficiencies in management and maintenance ". At the end of the investigation, the Authority had sanctioned the concessionaire with the maximum legal sanction, equal to 5 million euros, for the failure to reduce the toll on the sections concerned in violation of articles 20, 22, 24 and 25 of the Consumer Code. "In these sections - underlines the Authority, there were significant reductions in the driving lanes and / or specific limitations of the maximum speed allowed, with consequent considerable inconvenience not only for consumers but also for road hauliers, in terms of queues, slowdowns and significant increase in travel times ".

Aspi: toll reductions for 77 million already activated

Autostrade per l'Italia, "in agreement with MIMS and as part of the broader management of the concession", has already activated toll reductions or zeroing in favor of users in 2020 sections subject to significant inconvenience due to maintenance work, for a total of 77 million euros. This was announced by Aspi after the proceeding initiated by the Antitrust Authority. The company also specifies that together with the same ministry "the new 'toll cashback' system is being finalized" with the aim of refreshing users "who may incur delays in average travel times".

The sections on which the reductions have been activated, explains Autostrade, "also include precisely those reported at the time by the Antitrust (where there were carriageway reductions, later resolved, imposed by the judicial authorities), whose proceedings concern events not current, but which took place between December 2019 and January 2020 ".

With regard to this proceeding, the company highlights that "on the 24th last, the Lazio Regional Administrative Court, following the challenge of ASPI, held with a formal order that the compliance ordered by the Antitrust against the company - first and foremost the definition a priori of a system of shared criteria for the adoption of the facilities - have been determined making it impossible to allow their fulfillment. Nevertheless, following the action taken by the Agcm, ASPI has formulated a concrete proposal of commitments aimed at resolving the problems reported by the Authority, by designing and developing the first 'toll cashback' system, the purpose of which is to refresh users who, following the fundamental network modernization plan carried out under theaegis of the MIMS - and whose execution is indispensable for the country system - may incur delays in average travel times ". Through the adoption of new digital technologies, Autostrade emphasizes," the refreshment will take place automatically, transparently and proportionately to actual travel times. In any case, as widely communicated to users, exemptions or toll reductions have been maintained to date or activated from scratch on the sections with the greatest presence of construction sites (for example in the Ligurian network or on the A1 between Firenze Sud and Scandicci towards Bologna ) ".the refreshment will take place automatically, transparently and commensurate with the actual travel times. In any case, as widely communicated to users, exemptions or toll reductions have been maintained to date or activated from scratch on the sections with the greatest presence of construction sites (for example in the Ligurian network or on the A1 between Firenze Sud and Scandicci towards Bologna ) ".the refreshment will take place automatically, transparently and commensurate with the actual travel times. In any case, as widely communicated to users, exemptions or toll reductions have been maintained to date or activated from scratch on the sections with the greatest presence of construction sites (for example in the Ligurian network or on the A1 between Firenze Sud and Scandicci towards Bologna ) ".

For the activation of the 'cashback of the toll' Aspi is finalizing the last fundamental authorization steps with the Ministry of Infrastructure and Sustainable Mobility, which it expects to "conclude as soon as possible, so as to be able to launch the new system - the first at European level - initially on an experimental basis ". "In the spirit of maximum collaboration and respect for the fundamental role played by the Agcm, ASPI will launch new formal discussions with the Authority today to represent in advance the characteristics of the new 'cashback' service before its entry into operation", concludes the company. .