The Italian Competiton Authority (the “ICA”) has opened an in-depth investigation into the companies Langella Mario s.r.l., Ecologica Sud s.r.l., Ecosumma Sud s.r.l., Bifolco & Co. s.r.l. and Eco Transfer s.r.l. (the “Accused Companies”), operating in the hazardous and non-hazardous special waste disposal sector.
The investigation started as So.Re.Sa. S.p.A. (“Soresa”), a contracting State owned authority (headquartered in the Italian region Campania) operating in the health sector, reported to the ICA the alleged anti-competitive behaviour of the Accused Companies. The Accused Companies had allegedly allocated waste batches among themselves in a public tender launched by Soresa (the “Tender”).
The Tender consisted of six batches and the Accused Companies made separate formal bids. It is reported that each bid had the same format and contained the same offer for each batch.
The ICA alleges that the aforementioned conduct would amount to a violation of Article 101 of the TFEU, the prohibition of anti-competitive agreements.
However, the alleged anti-competitive behaviour has yet to be proven at this stage and the investigation continues.