I775 - Highway catering: the Authority has started an investigation into whether Chef Express and My Chef companies have kept catering business conduct restricting competition in attendance at the tenders for the allocation of refreshment centres
PRESS RELEASE
PRESS RELEASE
HIGHWAY CATERING: THE AUTHORITY HAS STARTED AN INVESTIGATION INTO WHETHER CHEF EXPRESS AND MY CHEF COMPANIES HAVE KEPT CATERING BUSINESS CONDUCT RESTRICTING COMPETITION IN ATTENDANCE AT THE TENDERS FOR THE ALLOCATION OF REFRESHMENT CENTRES
Ruling notified today to the parties in the course of inspections carried out in collaboration with the Competition Group of the Special Market Protection Unit of the Guardia di Finanza.
The Competition Authority, at a meeting on 12 March, opened an investigation into the company CHEF EXPRESS S.p.A. and MY CHEF RISTORAZIONE COMMERCIALE S.p.A. to see if they were acting to restrict competition in their recent participation in tenders for the allocation of the refreshment centres along the entire motorway network.
The measure was notified today to the parties in the course of inspections carried out in collaboration with the Competition Group of the Special Market Protection Unit of the Guardia di Finanza.
The investigation stems from the report sent to the Competition by the adviser of Dealership of Autostrade per L’Italia S.p.A., responsible for managing the tendering procedures for the award of the refreshment centres of the motorway network whose licences expired in 2013.
According to the adviser, the two companies may have coordinated their behaviour with the goal of allocating 16 (8 each) of 43 refreshment centres subject to tender: the anomalies found in tenders submitted would seem in fact incompatible with actions independently taken. In particular, the agreement would use the mechanisms provided by the bankruptcy proceedings involving tenders in two parts (technical bid and financial bid): the first is assigned a score of 60 points (out of a total of 100), while the remaining 40 points are awarded to the financial offer. Each firm interested in a specific area would have, with the consent of the other, submitted a technical bid characterised by a very limited economic recovery. In this strategy it would be supported from the other company proposing instead an excessive raise (which did not correspond, however, to a good technical offer) with the goal of reducing the difference between the financial bids submitted by other bidders.
The investigation must be completed by 8 May 2015.
Rome, 18 March 2014