The European Commission has notified Conserve Italia Soc. coop. Agricola and its subsidiary, Conserves France SA (‘Conserve Italia’), on Monday 5 October, of its preliminary view that they have breached EU antitrust rules by colluding to distort competition in the market for canned vegetables in the European Economic Area (EEA).
Conserve Italia is an Italian agricultural cooperative that produces, among other products, canned vegetables.
The Commission is concerned that Conserve Italia may have colluded with other market participants in the EEA to fix selling prices, share markets and allocate customers for the supply of certain types of canned vegetables to retailers and/or food service companies. It suspects in particular that Conserve Italia participated in horizontal price-fixing and market sharing agreements, through which they coordinated their commercial conduct with other market participants, for several consecutive years.
If the Commission's preliminary view were confirmed, such behaviour would violate EU rules that prohibit anti-competitive business practices such as collusion on prices and market sharing (Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement). The sending of a Statement of Objections does not prejudge the outcome of the investigation.
In September 2019, the Commission adopted a settlement decision against Bonduelle, Coroos and Cecab, finding that the three companies had participated for more than 13 years in a cartel for the supply of certain types of canned vegetables to retailers and/or food service companies in the catering sector (see EUROPE 12338/18). The total amount of the fines imposed on these companies was €31.6 million.
In the same investigation, the Commission had also opened proceedings against a fourth company: Conserve Italia. (Original version in French by Lionel Changeur)