In the past year, the Italian competition authority has received multiple reports concerning competition distortions linked to statutory and regulatory clauses in various taxi cooperatives. These clauses reportedly prevent or disincentivize cooperative members from utilizing competing taxi service platforms.

In light of its investigations into other taxi cooperatives, the authority has deemed it necessary to provide general guidance on the application of exclusive clauses that align with European and national competition laws.

The authority clarifies that exclusive clauses in the statutes and regulations cannot prohibit taxi drivers who are members of a cooperative from accepting rides through other operators when they are not using their capacity for the cooperative. Such clauses would conflict with competition laws as they hinder market entry for other intermediaries, stifle innovation, and harm end-users.

Conversely, clauses that allow taxi drivers to choose whether to operate for third-party platforms when not engaged with their cooperative are considered compliant with competition principles. However, any discounts offered to members who do not opt for third-party platforms should not exceed 15% of the social share, as this amount is not deemed a significant disincentive to the freedom of choice for taxi drivers.