On December 22, 2020, the Italian Competition Authority (the “ICA”) jointly and severally fined – in a total amount of approximately €10 million – the corporate entities belonging to the Eventim- TicketOne Group (“TicketOne Group”), namely: CTS Eventim AG & Co. KGaA (“CTS Eventim”), its subsidiary TicketOne S.p.A. (“TicketOne”), as well as five promoters of pop music live events in Italy, namely, Di and Gi S.r.l. (“Di&Gi”), F&P Group S.r.l. in liquidazione (“F&P Group”), Friends & Partners S.p.A. (“Friends&Partners”), Vertigo S.r.l. (“Vertigo”) and Vivo Concerti S.r.l. (“Vivo Concerti”, together, the “Promoters”), which CTS Eventim indirectly acquired between September 2017 and April 2018.[1] The ICA decision found that the TicketOne Group and the Promoters violated Article 102 TFEU by engaging since 2013 in a single and complex abusive strategy in the market for the provision of ticketing services for live pop music concerts (the “Decision”).
TAR Lazio Quashes ICA Decision on Alleged Abuse of Dominant Position in Markets for the Collection of Waste Paper in Various Municipalities in Emilia Romagna
On December 22, 2020, the TAR Lazio quashed an infringement decision issued by the ICA (“ICA Decision”) against the public utility company Hera Holding Energia Risorse Ambiente S.p.A. (“Hera”) and its subsidiary Herambiente S.p.A. (“Herambiente”).[1] The ICA Decision found an alleged abuse of dominant position in the markets for the collection of waste paper in a number of municipalities in the region of Emilia- Romagna, for having favored Akron S.p.A. (“Akron”) – Herambiente’s subsidiary active in downstream markets – to the detriment of competitors.[2]
The Tar Lazio Annuls Ica Decision on Alleged Abuse of Dominance and Rules That Concentrations Cannot Be Considered as Part of an Abusive Strategy
The TAR Lazio, annulled a decision by which in 2020 the ICA had imposed a fine on CTS Eventim- TicketOne Group (“TicketOne”) for allegedly abusing its dominant position in the Italian market for the sale of tickets for pop and rock music concerts.[1]
ICA Imposes €27 Million Fine on Corepla for Abusing Its Dominant Position in the Market for Management of Plastic Waste Recycling Services
On October 27, 2020, the ICA issued a decision (the “Decision”)[1] fining the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (“COREPLA”) € 27,400,477 for allegedly abusing its dominant position in the market for management of plastic waste recycling services.
TAR Lazio Annuls ICA Decision Concerning Car Financing Cartels
On October 24, 2020, the Regional Administrative Court of Lazio (the “TAR Lazio”) upheld the applications lodged by nine leading captive banks,[1] two further financial institutions holding equity stakes in two of the applicant captive banks, seven automotive groups as well as trade associations Assilea and Assofin, for annulment of the 2018 decision by which the Italian Competition Authority (the “ICA”) imposed on the applicants[2] total fines of approximately €670 million for their participation in a cartel concerning the sale of car vehicles through the provision of financial products.[3]
TAR Lazio Confirms Fines Imposed on Five Companies for Rigging a Tender for Medical Waste Management in the Campania Region
On October 23, 2020,[1] the TAR Lazio rejected the appeals filed by Ecosumma S.r.l., Bifolco & Co. S.r.l., Ecologica Sud S.r.l., Langella Mario S.r.l. (the “Companies”) and Green Light Servizi Ambientali S.r.l. (“Green Light”) against a decision issued by the ICA in 2019, finding that the Companies had coordinated their bidding behavior in a tender for medical waste management in the Campania Region, with the assistance of the third-party consulting firm Green Light.
Council of State Rules on Appeals Concerning ICA’s Decision to Fine the “Big Four” for Bid Rigging in the Context of a Public Tender
On October 6, 2020,[1] the Council of State upheld the appeals filed by the Italian Competition Authority (the “
The Council of State Declares Inadmissible an Application for Revocation of a Previous Judgment on Grounds of Error of Fact
On September 28, 2020, the Council of State[1] dismissed the appeal brought by Buzzi Unicem S.p.A. (“Buzzi”) for the revocation of a judgment previously delivered by the same court, which upheld the lower court’s ruling as well as an ICA decision fining an alleged cartel in the cement sector.[2] Buzzi challenged the judgment before the Council of State on grounds of error of fact.[3]
The ICA Fines Several Gas Operators at National Level for Failure To Notify a Concentration
On September 15, 2020, the ICA imposed total fines of approximately €150,000 on Acea S.p.A. (“Acea”), Mediterranea Energia Soc. Cons. a r.l. (“Mediterranea”) and Alma C.I.S. S.r.l. (“Alma” and, together with Acea and Mediterranea, the “Parties”)[1] for failure to notify their acquisition of joint control over Pescara Distribuzione Gas S.r.l. (“Pescara Distribuzione”)[2] before implementing the transaction, in violation of Article 16(1) of Italian Law No. 287/90.[3]
ICA Fines Radio Taxi Companies for an Anticompetitive Agreement in the Market for the Collection and Sorting of Orders for Taxi Services in Naples
On September 15, 2020, the Italian Competition Authority (the “ICA”) imposed fines on Consortaxi, Taxi Napoli, Radio Taxi Partenope and Desa Radiotaxi (collectively, the “Radio Taxi Companies”) for entering into an anticompetitive agreement in the market for the collection and sorting of orders for taxi services in Naples, in violation of Article 101 of the TFEU (the “Decision”).[1] The Decision was taken after a series of other ICA decisions aimed at investigating and preventing anticompetitive practices of radio taxi companies foreclosing the entry of competing platforms in the market for the collection and sorting of orders for taxi services in other municipalities in Italy.[2]