AGCM

According to the Authority, the National Consortium for the management, collection and treatment of waste mineral oils may unjustifiably be hindering the operation of two waste oil regeneration plants with "proximity" characteristics and with potential environmental benefits, thus favouring the only two regeneration companies recognised by the Consortium.

The Italian Competition Authority has resolved to initiate investigation proceedings against Conou - the National consortium for the management, collection and treatment of waste mineral oils - to ascertain an alleged abuse of dominant position in violation of Article 102 of the TFEU.

In particular, Conou, a legal monopolist of the recycling of hazardous waste represented by used lubricating oils and, therefore, dominant in the related market, may unjustifiably be hindering the operation of two waste oil regeneration plants with "proximity" characteristics and with potential environmental benefits, thus favouring the only two regeneration companies historically active in the Italian market and recognised by the Consortium. 

According to the Authority, Conou allegedly hindered the operation of a regeneration company located in Lombardy by preventing it from having access to the waste oil collected by the consortium companies. In addition, it allegedly failed to recognise the regeneration fee for the activity carried out by this company and allegedly failed to pay the collection fee for the quantities of waste oil processed by its plant. With regard to another regeneration plant to be built in Piedmont, on the other hand, Conou challenged in court the issuance of the integrated environmental permit by the competent authorities.

Today, officials from the Italian Competition Authority carried out inspections on the premises of some of the concerned companies, as well as of other parties deemed to have elements useful to the investigation, with the assistance of the Special Antitrust Unit of the Italian finance police.

Rome, 10 October 2023