International law firm Bird & Bird has successfully represented a recycling company in raising critical concerns with the Italian Competition Authority (AGCM), leading to the initiation of an investigation into Conou – the National Consortium for the management, collection and treatment of waste mineral oils, for alleged abuse of dominant position in violation of Article 102 of the TFEU.
This is one of the six investigations initiated so far by the AGCM (Autorita’ Garante della Concorrenza e del Mercato) in 2023 and the second investigation prompted by Bird & Bird for sustainability-related issues. The previous case was against the recycling consortium of plastic materials. It was closed last year with certain commitments aimed at opening the recycling market with the entry of a new consortium into the market.
In upholding the complaint drafted and filed by Bird & Bird on behalf of the client, the AGCM mentioned the promotion of sustainability and the circular economy among its concerns.
Conou, considered a legal monopoly in the recycling of hazardous waste represented by used lubricating oils, has been allegedly hindering the operation of two waste oil regeneration plants. This could negatively impact the environment and unfairly favours two regeneration companies that are active and recognised within Italy’s market.
With Bird & Bird’s support, the client was able to successfully file a complaint with the AGCM, highlighting Conou’s alleged obstruction of their regeneration plant in Lombardy. The complaint detailed how Conou prevented the company’s access to waste oil collected by consortium companies and allegedly failed to acknowledge the regeneration fee for the work performed by the client. Further concerns were raised about Conou contesting the issuance of an integrated environmental permit by the competent authorities for another plant in Piedmont.
Prompted by our client’s allegations, officials from the Italian Competition Authority carried out inspections on several premises, assisted by the Special Antitrust Unit of the Italian finance police. This significant undertaking underlines the severity of the complaint and Bird & Bird’s commitment to fair competition and the preservation of the environment.
The Bird & Bird team advising on the matter involved partner Federico Marini Balestra and associates Paola Bologna and Lucia Antonazzi.
Read the Italian Competition Authority’s press release here.
