Superyacht berths and services: Italian Antitrust opens investigation into Luise Group

Intro

The Italian Competition Authority (AGCM) will determine whether access to berths for large yachts in the Gulf of Naples was used to favour the maritime agency companies belonging to the Luise Group. The investigation follows a complaint filed by ACQ Italy and concerns a possible abuse of dominant position.

The Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato - AGCM) has opened an investigation into Luise Group S.r.l., Joseph Luise E Sons S.r.l., Luise International & Co. S.r.l., Luise Associates S.r.l. and Porto Antico di Stabia S.r.l. to determine whether certain practices in the management of berths for luxury yachts in the Gulf of Naples may constitute an abuse of dominant position. The proceeding, identified as case A581, was approved on 23 June 2026 and published in Bulletin No. 28 of 13 July. The opening of the investigation does not constitute a finding of liability but marks the beginning of the investigative phase, during which the companies involved will be able to fully exercise their rights of defence.

The investigation originates from a complaint filed in June 2025 by ACQ Italy, a maritime agency based in Venice and also operating in the Gulf of Naples. According to the reconstruction contained in the Authority’s decision, between 2022 and 2025 several berth requests submitted for yachts between 34 and 85 metres at the Molo di Sopraflutto in Mergellina were allegedly rejected due to the unavailability of berths. The same yachts were then allegedly contacted by Luise Group agencies, which instead offered the requested berths. In some cases, owners allegedly entrusted the Group not only with assistance for the Naples call, but also for the subsequent legs of the cruise. According to the document, similar episodes also allegedly occurred at Porto Antico di Stabia.

According to the Authority, the core of the case concerns the relationship between marina management and maritime agency services. The information collected during a berth request - such as the yacht’s name, the period of stay and the captain’s contact details - may have been used to directly offer owners the services of agencies belonging to the Luise Group. In some cases, moreover, access to berths may have been made conditional upon using the Group’s agencies also in other Italian ports included in the itinerary. According to the Authority, this reconstruction finds initial support in statements made by another competing maritime agency, which reported experiencing similar difficulties in obtaining berths at Mergellina.

The decision also reconstructs the structure of the Luise Group, which operates in the management of tourist marinas, maritime agency services and the supply of services to yachts. Joseph Luise E Sons and Luise International hold the concessions for the Molo di Sopraflutto in Mergellina, while Porto Antico di Stabia is the concessionaire of the tourist marina in Castellammare di Stabia. The Authority also highlights the corporate and management links between the various companies within the Group. However, the decision does not include the Luise Group’s defence arguments, which may be submitted during the investigation.

The AGCM devotes part of its analysis to the large yacht market, noting that although this segment accounts for less than 2% of the fleet visiting Italy, it generates more than half of the economic value of nautical tourism, and identifies the Gulf of Naples as one of the Mediterranean’s leading destinations. The Authority distinguishes between the market for berth supply and the market for maritime agency services, estimating that the Luise Group controls between 47% and 51% of the berth capacity for large yachts between Mergellina and Porto Antico di Stabia, rising to more than 53% for yachts over 45 metres. The Group would also be the only operator capable of accommodating yachts over 75 metres. For maritime agency services, the decision estimates the Group’s national market share at around 50%, while in the Gulf of Naples it is estimated at around 90%. All these elements will be verified during the investigation.

Based on the evidence gathered so far, the Authority believes that the Luise Group may have exploited its position in managing the Mergellina and Porto Antico di Stabia marinas to hinder competing agencies by rejecting or leaving unanswered certain berth requests and subsequently offering those same berths through its own maritime agencies. The AGCM also considers that the presentation of services on the website dedicated to “Molo Luise” may not sufficiently distinguish between its role as marina concessionaire and that of maritime agency, leading operators to believe that access to berths was linked to choosing the Group’s companies as their shipping agents. If confirmed, these circumstances could constitute an abuse of dominant position under Article 3 of Italian Law No. 287/1990.

The investigation will now allow the companies involved to submit their observations while enabling the Authority to determine whether the evidence gathered is sufficient to substantiate the alleged conduct. The case, however, already raises a broader issue for the industry: when the management of strategic port infrastructure and the provision of commercial services are concentrated within the same operator, transparency, equal access and a clear separation of roles become essential conditions for ensuring effective competition. It will be up to the AGCM to determine whether these principles were respected in the case of the Gulf of Naples.

At the bottom of this page you will find the link to download Bulletin A581, published yesterday by the Italian Competition Authority.

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