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.