Bergamo airport manager committed to opening up access to essential fuel storage tanks

The companies involved in the investigation were Sacbo (the manager of the Bergamo airport) and Levorato Marcevaggi (the owner of the only jet fuel storage system available at that airport).  As a result of its agreement with Sacbo, Levorato Marcevaggi had been granted the exclusive right to manage both jet fuel storage services and other fuelling activities at the airport.  As a consequence, the AGCM was concerned that:

• Sacbo had prevented the development of alternative storage infrastructures at the airport and had hindered the ability of its downstream competitors to access the only existing fuel storage system; and
• Levorato Marcevaggi had monopolised the jet fuel storage services market and the downstream fuelling services market at Bergamo airport, by refusing to grant access to its fuel storage system to competitors.

In order to address the AGCM's concerns, both companies agreed to build an external loading bay at Bergamo airport that could be accessed by third parties.  This new infrastructure has now been built and has been available since January 2018.  In addition, Sacbo undertook to build four new parking areas for tankers and a new centralised storage unit by the summer of 2020. 

Sacbo has also offered: 

• to terminate Levorato Marcevaggi's exclusive fuel storage management contract; and 
• to hold a public tender to appoint a manager of both the fuel storage system and the external loading bay. 

Pending the award of the new fuel storage management contract, Levorato Marcevaggi has undertaken to grant the access to the new external loading bay pursuant to a tariff system agreed with the National Authority for Civil Aviation. 

Interestingly, in its decision, the AGCM stated that the jet fuel storage system at Bergamo airport should be considered an essential facility.  Therefore, third parties were entitled to access the system on non-discriminatory conditions.