On 8 June 2016, the Italian Competition Authority ("ICA") opened an in-depth investigation into Poste Italiane S.p.A. (the "Accused Company"), the former public postal services operator.
The investigation was commenced after a complaint was filed by competing Italian company, Nexive S.p.A. (the "Complainant"), which reported conduct allegedly amounting to an abuse of dominance in contravention of Article 102 of the Treaty on the Functioning of the European Union ("TFEU").
In particular, the Complainant states that the Accused Company, which enjoys a dominant market position, costs its services to large business users in such a way as to exclude other operators in postal services from the market.
The alleged wrongdoing is not proven at this stage and the investigation continues. However, the ICA has opined that such conduct, if proven, would amount to an infringement of Article 102 TFEU on the grounds that it would adversely affect trade within the EU.