The Lazio Regional Administrative Court cancels the NCA’s decision fining € 11.3 M a market-sharing agreement in water services (Acea / Suez / Publiacqua)

Background In November 2007, the Italian Competition Authority (ICA) fined Acea for 8.3 million, and Suez Environment (SE) for 3 million for a market-sharing agreement in water services [1]. The Italian NCA had consistently [2] maintained that joint-ventures among competitors in bidding for public contract may violate competition law if each of the companies involved would have sufficient qualifications to enter the bid on their own: the NCA applied this doctrine here even if the combined share of the two companies, when measured with reference to the Italian water services market, was well below the de minimis threshold, as it deemed that the relevant

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Luigi Prosperetti, The Lazio Regional Administrative Court cancels the NCA’s decision fining € 11.3 M a market-sharing agreement in water services (Acea / Suez / Publiacqua), 26 June 2008, e-Competitions June 2008, Art. N° 21538

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