29-07-2020
AdC issues Statement of Objections to six waste management companies for non-competition agreement
Press Release 12/2020
AdC issues Statement of Objections to six waste management companies for non-competition agreement
The AdC issued a Statement of Objections to six companies and six board members of the waste management groups Blueotter and EGEO with respect to a non-competition agreement, forbidden by Portuguese Competition Law.
The companies Blueotter, Circular, Citri, Proresi, EGEO SGPS and EGEO TA, which integrate the mentioned groups, maintained reciprocal non-competition obligations, which will have been in force between 2017 and 2019 and covered all groups customers in the provision of waste management systems services, in portuguese territory.
The AdC opened the investigation in the context of the notification of a merger between the Blueotter and EGEO Circular SA, in May, 2019.
In the notification of the merger, the AdC received contracts signed between the groups, which exposed that they maintained a non-competition agreement since April 2017.
The companies provide management, collection, classification, resale, treatment, landfill, storage, deposition and other procedures, for all types of industrial and solid waste and packaging, both solid and liquid, hazardous and non-hazardous.
Competition Law forbids agreements between undertakings that restrict competition, in all or part of the market, reducing welfare of consumers and undertakings. Infringement of competition rules not only reduces welfare of the consumers, it may also harm the competitiveness of businesses, cause detriment to the economy as a whole.
The AdC emphasizes that sending a Statement of Objections does not prejudge the outcome of the investigation. At this stage of the procedure, undertakings have the opportunity to exercise their rights of defence against the infringement allegations and possible applicable sanctions. The Statement of Objections was adopted on 29, July.
July, 30, 2020