Case details

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Anticompetitive practices
Case reference
PRC/2021/2
Entities involved
  • Bureau Van Dijk Electronic Publishing Unipessoal, Lda.
  • Informa D&B - Serviços de Gestão de Empresas, Sociedade Unipessoal, Lda.
Natural persons involved
No
Sector
Trade and Services
Activity (NACE)
  • J63 - Information service activities
  • N82 - Office administrative, office support and other business support activities
Investigated practice
Horizontal agreement
Legal provisions
  • European-TFEU-Article 101
  • National-Law 19/2012-Article 9
Case origin
Leniency
Dawn raids
Yes
Cooperation with sector regulators
Status
Closed
AdC’s decision
Settlement decision
Settlement
  • Bureau Van Dijk Electronic Publishing Unipessoal, Lda.
  • Informa D&B - Serviços de Gestão de Empresas, Sociedade Unipessoal, Lda.
Sanction imposed
Informa D&B - Serviços de Gestão de Empresas, Sociedade Unipessoal, Lda. - €353,000.00
Summary of the case

The AdC initiated proceedings against Bureau Van Dijk Electronic Publishing, Unipessoal, Lda. (BvD) and Informa D&B – Serviços de Gestão Empresarial Soc. Unipessoal, Lda. (Informa) in May 2021, after receiving a leniency application from Moody’s Group, that has acquired control over BvD in 2017.

Following dawn raids conducted by the AdC in June 2021, Informa submitted a leniency application in February 2022.

The conducts at stake refer to BvD’s product SABI, which relies exclusively on the data provided by Informa. SABI is an exclusive financial analysis and strategic marketing solution for Portuguese and Spanish companies, including features such as data analysis, presentation of results and applications of a commercial, marketing, economic, risk, and price calculation nature. Within the contractual relationship established by BvD and Informa, both parties were entitled to sell the final product to customers under the joint name of both companies.

Amongst the contractual provisions present in most of these agreements, there are clauses specifically aimed at coordination of sales forces, coordinated pricing policy, revenue sharing and a non-compete clause (Informa committed to discontinue a competing product.

According to the information provided by both applicants and also to evidence seized by the AdC, the practices put in place by the parties began in April 2013 and lasted until the dawn raids conducted by the AdC in June 2021.

The geographic scope of the conduct covered the Portuguese national territory.

In this context, on May 27, 2022, the AdC sanctioned BvD and Informa for a cartel related to the marketing of the SABI commercial information database.

In addition to the fine reduction resulting from its leniency application, Informa also benefited from a fine reduction for having admitted the infringement. Both companies collaborated with the AdC and renounced from litigating in court by agreeing to the settlement procedure.

The fine imposed on Informa, €353,000, has since been paid.

BvD has also agreed with the Settlement Procedure, having benefited from immunity as it was the first company to denounce the infringement and to present evidence of its participation in it (leniency).

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