The Italian Competition Authority targets a price-fixing agreement in banking markets
Following
a report lodged by a consumer association the Italian Competition
Authority (ICA) has recently opened an investigation on a
price-fixing agreement against six regional banks active in the
northern province of Bolzano (Case I777). The relevant market
affected by the contested agreement is the market for borrowing to
families for the province of Bolzano. Indeed, according to the ICA
decisional practice, the territorial scope for the market for
borrowing to families is mainly local.
The
ICA believed that the six banks, which accounted for 40% of the
relevant market, agreed to insert into floating-rate mortgage
contracts a clause that consistently set the floor rate in the region
of 3%. Such arrangement amounts to jointly decide a minimum price,
reducing the price competition amongst the parties and leading to
more onerous conditions for consumers.
Finally,
the ICA took the view that the contested agreement might infringe
either the Italian Competition Act or Article 101 TFEU, considering
that the parties behaviours may potentially negatively affect also
the competition in the banking markets of neighbouring Austria.
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