FiberCop Successfully Secures Closure of AGCM Investigation
Simpson Thacher successfully assisted FiberCop, the leading Italian fiber infrastructure company controlled by KKR, in proceedings initiated by the Italian Competition Authority (“AGCM”) in December 2024, aimed at verifying the antitrust compatibility of certain clauses in the so‑called Master Service Agreement, the agreement governing the contractual relationship between TIM and FiberCop following the network spin‑off process approved by the EC in 2024.
In particular, AGCM found that the commitments proposed by FiberCop, together with those submitted by TIM, were suitable to address the competition concerns raised in the opening decision. Consequently, it accepted these commitments and made them binding, ordering the closure of the proceedings without establishing any infringement by the Company.
The acceptance of the commitments ensures the full operability of FiberCop and the effective functioning of the new exclusively wholesale model, with a significant impact on competition and the structure of the Italian market.
The Simpson Thacher team was led by Global Co-Chair of Antitrust and Trade Regulation Antonio Bavasso together with a team of Gianni & Origoni led by Piero Fattori.