Case details

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Anticompetitive practices
Case reference
PRC/2019/3
Entities involved
  • Blueotter, Circular, S.A.
  • Blueotter, SGPS, S.A.
  • CITRI - Centro Integrado de Tratamento de Resíduos Industriais, S.A.
  • EGEO - SGPS, S.A.
  • EGEO - Tecnologia e Ambiente, S.A.
  • Proresi, S.A.
Natural persons involved
Yes
Sector
  • Environment and Waste Management
Activity (NACE)
  • E - Water collection, treatment and distribution; sewerage, waste management and remediation activities
Investigated practice
  • Horizontal agreement
Legal provisions
  • National-Law 19/2012-Article 9
Case origin
Ex-officio
Dawn raids
Yes
Cooperation with sector regulators
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • Blueotter, Circular, S.A. - €1,132,000.00
  • Blueotter, SGPS, S.A. - €17,000.00
  • CITRI - Centro Integrado de Tratamento de Resíduos Industriais, S.A. - €112,000.00
  • EGEO - Tecnologia e Ambiente, S.A. - €1,360,000.00
  • Natural person(s) - €24,375.00
  • Proresi, S.A. - €253,000.00
Summary of the case

On 30 June, 2021, the Portuguese Competition Authority (AdC) has sanctioned companies Blueotter, SGPS, S.A., Blueotter Circular, S.A., CITRI - Centro Integrado de Tratamento de Resíduos Industriais, S.A., Proresi, S.A., EGEO SGPS, S.A. and EGEO - Tecnologia e Ambiente, S.A., as well as six managers and board members, for violation of Article 9(1) of Law no. 19/2012.

In addition to the application of a total fine of € 2.9 million, the Decision also determined the publication in the Official Journal of the Portuguese Republic and in a national newspaper of an extract of the decision imposing a sanction, after the final court ruling, which cannot be not subject to any appeal.

The investigation was opened by the AdC in May 2019, following the notification of the acquisition of sole control of a company of the EGEO Group by the Blueotter Group.

The investigation allowed to conclude that the concerned undertakings entered into agreements that established non-compete clauses, through which the Blueotter Group and the EGEO Group agreed not to compete in the business areas in which each group was active.

The non-compete obligations agreed between the Blueotter Group and the EGEO Group were in effect from April 2017 to July 2019.

The Decision was adopted after the Statement of Objections sent to the parties on July 29, 2020, in relation to which the companies exercised their right of defence.

Timeline
Judicial phase chronology - Interlocutory appeals
Judicial phase chronology - Final decision appeal
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