"Move It Or Lose It!": Port Pilotage Service And Challenges For Competition

In this number of our newsletter, we begin a reflection on port pilotage which, for its operational relevance, has been the subject of great attention, both from the national case-law and the European Union, and by the Authority for Competition and Market ("AGCM"), in view of a necessary and continuous opening of the market to competition.

Port pilotage falls within the so-called technical-and-nautical services as regulated by Article 14 of Italian Law No. 84/94 and therein defined as general-interest services whose organisation lies with the competence of the Maritime Authority in agreement with the Port System Authority.

Due to its relevance in port operations, pilotage has been given a big deal of attention, on the one hand, by both Italian and EU case law and, on the other, by the Italian Antitrust Authority ("Autorità Garante della Concorrenza e del Mercato", with a view to meeting the general need to constantly foster market competition.