Gruppo Argenta SpA and ors v Ideal Service SRL, Final NCA decision, OCL 209 (IT 2016), Case no I783, 8th June 2016, Italy; Italian Competition Authority [AGCM]
Whether an agreement aimed at sharing markets through the allocation of customers, and the commitment to abstain from reciprocal competition, infringed Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’).
Whether the operation of a scheme designed to compensate rivals for the loss of clients to a fellow cartel member via the payment of a fee commensurate to the loss of earnings or the sale of the relevant part of the other member’s business infringed Article 101 TFEU.
Whether the exchange of sensitive information regarding future bids for large public contracts infringed Article 101 TFEU.
Whether the coordinated conduct between cartel members and the relevant trade association aimed at adopting a common bidding practice and at presenting deliberately less attractive bids so that a chosen bidder would secure a contract infringed Article 101 TFEU.