Corrugated cardboard, fines of over than 287 million euros on main manufacturers

Lipani Catricalà & Partners represented Associazione Italiana Scatolifici – ACIS on the proceeding.

On August 7, 2019, the Italian Competition Authority (ICA) published the final measure, ascertaining two anticompetitive agreements in the corrugated cardboard and corrugated cardboard packaging markets in breach of Article 101 of TFEU.

The sanctioned conducts concern two anticompetitive agreements between the main Italian manufacturers of corrugated cardboard and corrugated cardboard packaging, aimed at coordinating the trading conditions in the above-mentioned markets, with particular reference to the uniform determination of selling prices and discounts, as well as the allocation of customers.

The measure involved several undertakings, including a trade association both for corrugated cardboard and for packaging, imposing overall fines of over than 287 million euros.

The investigation was launched on the basis of a claim of the Association of Italian manufacturers of corrugated cardboard packaging – ACIS (Associazione Italiana Scatolifici – ACIS). ACIS is a private trade association, which represents more than 100 manufacturers of corrugated packaging.

Following the claim, four undertakings applied for a leniency program, expressly admitting the alleged conducts, in order to avoid or limit the related fines.

The decision is one of the most Italian antitrust important cases of history of ICA, given the number of investigated undertakings, the long period of the violation (almost 2 decades), the number of leniency applicants (4), the relevant number of obtained evidences, the huge invested efforts in the investigation by the ICA (almost 3 years).

Lipani Catricalà & Partners represented ACIS – submitting several claims to the ICA, aimed at highlighting alleged anticompetitive conducts on the markets of corrugated cardboard and related packaging – with a team including Damiano Lipani (Picture), Antonio Catricalà, Carlo Edoardo Cazzato, Luca Baccaro and Enrico Spagnolello.

Involved fees earner: Luca Baccaro – Lipani Catricalà & partners; Antonio Catricalà – Lipani Catricalà & partners; Carlo Edoardo Cazzato – Lipani Catricalà & partners; Damiano Lipani – Lipani Catricalà & partners; Enrico Spagnolello – Lipani Catricalà & partners;

Law Firms: Lipani Catricalà & partners;

Clients: Associazione Italiana Scatolifici (ACIS);