AGCM

PRESS RELEASE

ANTITRUST SANCTIONS CARTEL IN THE ROAD BARRIERS MARKET

Total of 37,317,565 euros in fines for seven companies. The investigation, triggered by a report from the Special Market Protection Unit of the Guardia di Finanza (Italian Tax Police), ascertained an agreement designed to divide up the market and fix prices.

In a meeting on 27^th September 2012, the Autorità Garante della Concorrenza e del Mercato deliberated that 7 companies belonging to the Comast consortium (Consorzio Manufatti Stradali Metallici in liquidation), now disbanded, had set up a competition-restricting agreement in the market for road and highway barriers. The Authority fined the following companies a total of 37,317,564 euros for the conduct that was ascertained: Industria Meccanica Varricchio Spa, Marcegaglia Spa, Metalmeccanica Fracasso Spa, San Marco Spa – Industria Costruzioni Meccaniche in liquidation, Tubosider Spa, Car Segnaletica Stradale Srl and Ilva Pali Dalmine Industries Srl.

The inquiry, triggered by a report from the Special Market Protection Unit of the Guardia di Finanza (Italian Tax Police), unveiled behaviors constituting an agreement designed to divide up the market and share reference prices through the exchange of strategically-sensitive information.

The main tool employed for this purpose was Comast, which was dissolved in 2007 and which had provided the place and vehicle for engaging in the collusive behaviors. The companies gathered in the consortium represented around 95% of the reference market.

The anti-competition mechanism, which lasted from 2003 to May 2007 (until dissolution of the Consortium), first entailed notification of the existence of a supply request by subjects interested in purchasing the barriers (guardrails) through public tendering, followed by the precise division of sales and the simultaneous sharing of reference prices.

The following are the sanctions, which are commensurate with revenue and length of participation in the cartel.

Rome – 11^th October 2012