the Autorità Garante della Concorrenza e del Mercato announced that it had accepted the commitments offered by FiberCop and TIM, thereby closing its investigation into the so-called Master Service Agreement (MSA) concluded between the parties following the spin-off of TIM’s network in July 2024.
The proceedings, formally opened on 17 December 2024, focused on several clauses of the MSA, including exclusivity obligations between TIM and FiberCop for network access services, discount mechanisms applied by FiberCop to wholesale access prices, and conditions governing the transfer of indefeasible rights of use (IRUs) for fiber links dedicated to business customers. At the outset, the Authority expressed concerns that these provisions could restrict competition in both wholesale and retail markets, discourage future investment in FTTH infrastructure, and influence the migration of TIM’s customer base from copper to fiber networks.
Following an extensive consultation process involving market stakeholders and the Autorità per le Garanzie nelle Comunicazioni, including a market test, the Authority concluded that the commitments adequately address the identified competition risks. The agreed measures significantly reduce the duration of exclusivity clauses and, in areas where FTTH infrastructure remains underdeveloped, link exclusivity to the realization of new investments.
The parties have also undertaken to substantially amend a mechanism originally included in the MSA under which FiberCop played an intermediary role in TIM’s customer migration decisions. The revised framework restores TIM’s autonomy and removes concerns that the mechanism could deter customer migration. In addition, the Authority deemed the commitments concerning the application of discounts to be decisive in dispelling competitive concerns.
In light of these measures, the Authority determined that the commitments eliminate the critical issues identified at the opening stage and ensure the preservation of both static and dynamic competition across the affected markets.