Ferry operator Moby is fined by Italy’s antitrust regulator, a credit negative
Last Friday, Italy’s Autorità garante della Concorrenza e del Mercato (AGCM), the country’s competition authority, announced that it had fined Moby S.p.A. (B2 negative) €29 million after determining that the ferry operator had abused its dominant position in shipping goods on three routes between continental Italy and Sardinia. The fine likely will strain Moby’s liquidity, a credit negative. However, Moby plans to appeal AGCM’s decision. AGCM launched a probe in April 2016 after Moby competitor Grimaldi Euromed S.p.A. and two freight customers alleged that Moby had engaged in illicit commercial practices in its freight business on certain Sardinian routes. In the 12 months to 30 September 2017, Moby recorded revenue of €567 million, 52% of which originated from Sardinia, and derives around 23% of its revenue from the freight business, the majority of which relates to Sardinia. We believe that the AGCM ruling is likely to expose the company to reputational risks and lead to increased scrutiny of commercial policies from freight customers. Moby has 90 days to pay the fine but indicated that it will appeal the decision, and has 60 days to do so. An appeal to the administrative court may result in the suspension of the payment. Since the case opened in April 2016, Moby has said that the allegations are unfounded and its conduct has always been proper. So far, the company has not made any provision related to the investigation. Today, Moby has enough liquidity to cover payment of the potential fine. At 30 September 2017, Moby had €157 million of cash on its balance sheet and access to an undrawn €60 million revolving credit facility. However, we expect the company’s liquidity profile to deteriorate owing to repayments of its bank loan of €40 million this quarter and €50 million in the first quarter of 2019. If the payment of the €29 million fine is upheld on appeal, it will strain the company’s liquidity profile. In addition, we believe that Moby is still at risk of breaching its net leverage financial maintenance covenant for the testing period as of year-end 2017. Although Moby is confident that it will be in compliance with its net leverage covenant, we believe the company is currently taking all necessary steps to remedy this situation and to regain sufficient leeway under the covenant to accommodate a prolonged period of weaker trading and potential additional cash outflows, including the €29 million fine, if it were to occur. In addition, a European Commission investigation into government grants received since 2012 by Moby’s subsidiary Tirrenia-CIN continues. In this context and pending the outcome of the ongoing European Commission investigation initiated in October 2011, Moby suspended the first instalment of €55 million, which was due in April 2016 in connection with the acquisition of Tirrenia’s assets in 2012. The timing and outcome of the investigation remain uncertain, and the proceedings could be drawn out over several years, adding further uncertainty on the company’s liquidity profile.