competitionlaw

In the case A476Aliplast v CONAI/COREPLA the Italian Competition Authority (ICA) has recently opened an Artice 102 TFEU investigation into the market for plastic recycling. CONAI is a consortium set up by Legislative Decree n. 152/06 which is responsible for the recycling of packages. CONAI also coordinates the activities of COREPLA the consortium which is charge for the recycling of plastic packages. Under Legislative Decree n. 152/06 all undertakings making use of plastic packages have to join the CONAI/COREPLA system and pay a fees (CAC) when giving the packages to the consortium. Membership to the CONAI/COREPLA system is, however, a default regime and users can also set an alternative recycling system, which has to be authorized by the Ministry of Environment (MoE). The procedure for the authorization before the MoE can be divided into two phases. In the first phase the MoE considers the suitability of the proposed system and in the second phase it examines how the system effect...

By a decision made on 22 October 2013 Italian Competition Authority (ICA) has opened an Artice 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the case I766 Inverter Solar ed Eolici – Imposizione Prezzi Minimi (Inverter) .  The ICA believed that  Power-One Italy ( POI) imposed a RPM on the dealers that belonged to its distribution network. By the letter of 17 October 2012 having as object “ Minimum selling price”, the vice-president of POI reminded distributors, resellers and partners of the fact that since January 2012 a minimum reselling price system was introduced in all our price lists. The letter also requested dealers to comply with the RPM obligation, stressing that POI would terminate the contract with non compliant dealers. In addition, a clause in the model distribution agreement of January 2012 used by POI to govern its Italian distribution network obliged the authorized distributors to strictly comply with the prices reported...