Brussels, 19/07/2013 (Agence Europe) - On Thursday 18 July, the European Commission informed Altstoff Recycling Austria AG (ARA) of its preliminary view that ARA may have abused its dominant position on the markets for the management of packaging waste (mainly packaging made of plastic and metal) in Austria by hindering competitors from entering, or expanding on, these markets.
The Commission explains that such conduct, if established, would harm competition and customers in violation of EU antitrust rules. The sending of a statement of objections does not prejudge the outcome of the investigation.
The Commission has concerns that ARA may have hindered competitors from accessing the household collection infrastructure. Since Austrian law requires a nation-wide network of collection services and since the setting up of duplicated collection infrastructures is impossible, any competitors are dependent on receiving access to the existing ARA-infrastructure. The Commission says that ARA may have so far refused such access to potential competitors.
ARA may also have foreclosed competitors from the market for the management of commercial packaging waste. A few small competitors have entered this market since the requirements regarding a nation-wide coverage can be met through a limited number of regional collection centres. However, the Commission has reached the preliminary view that ARA has used its monopoly for household packaging waste to extend its reach into the market for commercial packaging waste.
The Austrian government recently submitted a new draft waste law that aims at opening up the markets for the management of packaging waste for competition. The Commission stresses the importance of ensuring that the legal possibility of market entry will ultimately translate into effective competition.
If the Commission concludes that there is sufficient evidence of an infringement, it can issue a decision prohibiting the conduct and impose a fine of up to 10% of a company's annual worldwide turnover. (MB/transl.fl)