Notícias
L’Autorité s’autosaisit pour avis sur le secteur des systèmes de notation de produits
Publié le 22 février 2024Imprimer la page
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L’Autorité de la concurrence a décidé de s’autosaisir pour avis afin d’analyser le fonctionnement concurrentiel du secteur des systèmes de notation de produits qui visent à informer les consommateurs sur les caractéristiques liées au développement durable des produits et services de consommation.
Cet avis sera l’occasion de procéder à une évaluation du rôle qu’ont ces systèmes de notation comme paramètre de concurrence, les informations qu’elles délivrent étant susceptible d’avoir une influence sur la décision d’achat. Elle regardera, par ailleurs, dans quelle mesure ces systèmes de notation stimulent l’innovation des entreprises en faveur de produits ou services plus vertueux en termes de durabilité.
L’Autorité aura également l’occasion d’examiner le fonctionnement de ces systèmes sur lesquels interviennent les acteurs aux différents maillons de la chaîne de valeur et s’intéressera aux pratiques susceptibles d’être mises en place par ces acteurs qui pourraient avoir un impact sur la concurrence.
Enfin, l’Autorité s’interrogera sur les conséquences de la multiplication et de la coexistence des systèmes de notation au sein d’un même secteur.
COMMUNIQUÉ DE PRESSE DU 22 FÉVRIER 2024
L’Autorité s’autosaisit pour avis sur le secteur des systèmes de notation de produits
Commission clears acquisition of Bolloré Logistics by CMA CGM, subject to conditions
Page contents
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bolloré Logistics SE (‘Bolloré Logistics’) by CMA CGM S.A. (‘CMA CGM’). The approval is conditional upon full compliance with the commitments offered by the parties.
CMA CGM and Bolloré Logistics are both international transport and logistics companies. CMA CGM provides container liner shipping and port terminal services while Bolloré Logistics offers freight forwarding and contract logistics services.
The Commission’s investigation
The Commission’s investigation showed that the merger, as initially notified, would have reduced competition in the markets for the provision of sea freight forwarding services in Martinique, Guadeloupe, and French Guiana.
In particular, the Commission found that the transaction would have created important vertical links between: (i) CMA CGM’s upstream container lining shipping activities on routes connecting Europe with Martinique, Guadeloupe, and French Guiana; and (ii) Bolloré Logistics’ downstream sea freight forwarding activities in those territories.
The Commission found that CMA CGM could have the ability and incentive to favour Bolloré Logistics at the expense of rival freight forwarders, in particular in view of CMA CGM’s very high market shares on these overseas routes and the competitive structures in these territories.
The proposed remedies
To address the Commission’s competition concerns, the parties offered to divest:
- All of Bolloré Logistics’ activities in Guadeloupe, Martinique, Saint Martin, and French Guiana; and
- A number of assets in metropolitan France linked to these activities.
These commitments fully address the competition concerns identified by the Commission, by removing the vertical link between CMA CGM’s container liner shipping activities and Bolloré Logistics’ sea freight transport activities in the concerned territories.
Following the positive feedback received in the context of the commitments’ market test, the Commission concluded that the transaction, as modified by the commitments, would no longer raise competition concerns.
In the course of its investigation, the Commission worked in cooperation with the competition authorities of French Polynesia and New Caledonia.
The decision is conditional upon full compliance with the commitments. Under supervision of the Commission, an independent trustee will monitor their implementation.
Companies and products
CMA CGM, headquartered in France, is an international group providing container liner shipping services, port services, as well as sea and air freight forwarding services. It is also active in the press sector in France via La Provence S.A. CMA CGM is solely controlled by Merit.
Bolloré Logistics, headquartered in France, is an international group providing freight forwarding services (sea, air, and land), contract logistics, as well as other value-added services. Bolloré Logistics is solely controlled by Bolloré SE.
For More Information
The transaction was notified to the Commission on 5 January 2024.
The Commission has the duty to assess mergers and acquisitions involving companies with a turnover above certain thresholds (see Article 1 of the Merger Regulation) and to prevent concentrations that would significantly impede effective competition in the European Economic Area or any substantial part of it.
The vast majority of notified mergers do not pose competition problems and are cleared after a routine review. From the moment a transaction is notified, the Commission generally has a total of 25 working days to decide whether to grant approval (Phase I) or to start an in-depth investigation (Phase II). If commitments are proposed in Phase I, the Commission has 10 additional working days, bringing the total duration of a Phase I case to 35 working days, such as in this case.
More information will be available on the Commission’s competition website, in the public case register under the case number M.11143.
La CNMC analiza la concentración Smurfit Bulgaria/Artemis BiB en segunda fase
23 Feb 2024 | Competencia Nota de prensa
- Smurfit Bulgaria (filial del grupo multinacional irlandés Smurfit Kappa) ha notificado la adquisición de control exclusivo de la unidad de negocio de bag-in-box (envases formados por una caja y una bolsa) de la empresa búlgara Artemis Ood (Artemis BiB).
- La operación implica riesgos para la competencia por lo que la CNMC la analizará en profundidad.
La Comisión Nacional de los Mercados y la Competencia (CNMC) ha acordado, con fecha 31 de enero de 2024, el inicio de la segunda fase del análisis de la concentración Smurfit Bulgaria/Artemis BiB (C/1424/23).
La operación de concentración consiste en la adquisición de control exclusivo de la unidad de negocio de bag-in-box[1] (envases formados por una caja y una bolsa) de la empresa búlgara Artemis por parte de Smurfit Bulgaria, perteneciente al grupo Smurfit Kappa.
Riesgos para la competencia
La operación da lugar a importantes solapamientos horizontales en el mercado de fabricación y suministro de bolsas tipo bag-in-box no asépticas para uso alimenticio de menos de 25 litros de capacidad, tanto en España como en el Espacio Económico Europeo (EEE). Esto provoca un importante aumento del grado de concentración en el mercado al reforzar la posición de liderazgo que ya ostentaba el grupo Smurfit Kappa.
La investigación de mercado realizada durante la primera fase de la investigación ha mostrado que se trata de un mercado en el que los competidores no cuentan con la capacidad suficiente para ejercer presión competitiva a la entidad resultante de la operación. Además, la demanda tiene escasa o nula capacidad para negociar o influir en los precios, a causa de su elevada fragmentación.
No se trata de un mercado donde existan barreras significativas a la entrada de nuevos competidores. Sin embargo, la investigación parece mostrar la tendencia hacia una salida progresiva o de pérdida de importancia relativa en el mercado europeo de algunos competidores relevantes.
Análisis en profundidad
Por todo ello, la CNMC ha acordado analizar en segunda fase la operación. Este paso no prejuzga las conclusiones definitivas que la CNMC pueda alcanzar en relación con la operación de concentración Smurfit Bulgaria/Artemis BiB.
Durante esta segunda fase, la CNMC podrá requerir más información a distintos operadores en los mercados afectados. Adicionalmente, las notificantes y terceros interesados podrán presentar alegaciones para la defensa de sus legítimos intereses.
La resolución final que apruebe la CNMC podrá autorizar, acordar compromisos, subordinar condiciones o prohibir la operación de concentración Smurfit Bulgaria/Artemis BiB.
Contenido relacionado:
[1] Correspondiente a la parte de negocio dedicada a i) la fabricación y comercialización de bolsas de plástico para bag-in-box y ii) láminas o films de plástico flexible.
Criminal sentences imposed on Bingo, Aussie Skips and their former CEOs Daniel Tartak and Emmanuel Roussakis for skip bin and waste processing cartel
Date
23 February 2024
Topics
The Federal Court has today convicted and sentenced waste management companies Bingo Industries, and Aussie Skips Bin Services and Aussie Skips Recycling (together, Aussie Skips) for criminal cartel offences under sections 45AF and 45AG of the Competition and Consumer Act relating to a price fixing arrangement for demolition waste services in Sydney.
Bingo’s former Managing Director and CEO, Daniel Tartak, and Aussie Skips’ former CEO Emmanuel Roussakis were also convicted and sentenced.
These prosecutions were brought by the Commonwealth Director of Public Prosecutions (CDPP), following an investigation and referral by the ACCC.
Bingo was fined $30 million and Aussie Skips was fined $3.5 million after each company pleaded guilty to having fixed and increased prices with the other for the supply of skip bins and the provision of waste processing services for building and demolition waste in Sydney.
Bingo’s fine of $30 million is the second largest fine imposed for criminal cartel offences under the Competition and Consumer Act.
Mr Tartak was sentenced for two criminal cartel offences to two terms of imprisonment of 18 months each, to be served concurrently over two years as an intensive correction order, including 400 hours of community service. Mr Tartak was also fined $100,000 and banned from managing corporations for a period of five years.
Mr Roussakis was sentenced to 18 months’ imprisonment for one criminal cartel offence, to be served as an intensive correction order, including 300 hours of community service. Mr Roussakis was also fined $75,000 and banned from managing corporations for a period of five years.
In imposing these sentences, the Court took into account the early guilty pleas of each of the offenders.
This brings to a close an extensive investigation by the ACCC into cartel conduct in the building and demolition waste services industry in Sydney.
“The sentences handed down today should serve as a strong reminder that criminal cartel conduct is a serious offence attracting serious consequences, including criminal convictions, significant fines, banning orders, and potential imprisonment for individuals,” ACCC Chair Gina Cass-Gottlieb said.
“Cartel conduct is illegal because it increases the prices consumers and businesses have to pay, and restricts healthy competition and economic growth.”
“We will continue to investigate cartel conduct and refer appropriate matters to the Commonwealth Director of Public Prosecutions for consideration of criminal prosecution,” Ms Cass-Gottlieb said.
“We encourage anyone who observes anti-competitive conduct in their industry or workplace to contact the ACCC confidentially. We will review their concerns and take action if warranted.”
“We have special arrangements for anyone who wants to anonymously report cartel conduct, via a secure third party platform that protects their identity and by anonymously calling our dedicated hotline,” Ms Cass-Gottlieb said.
In delivering judgment, Justice Wigney said “Cartels are widely condemned as the most egregious forms of anti-competitive behaviour. At its heart a cartel is an agreement between competitors not to compete. Cartel conduct harms consumers, businesses, and the economy, and is likely to increase prices, reduce choice and distort innovation processes.”
Justice Wigney also observed that the price-fixing arrangements between Bingo and Aussie Skips “had the effect of suppressing and distorting price competition in respect of collections services and processing services in the Sydney metropolitan region or a significant part thereof. The markets for collections services and processing services in that region were large and lucrative. The effect of the cartel conduct was that some consumers of collections services and processing services in that region were likely to have paid more for those services than they otherwise would have.”
The cartel operated between May 2019 and August 2019, with Bingo and Aussie Skips agreeing to fix prices for their waste collection services and waste processing services in Sydney from 1 July 2019.
The ACCC’s investigation began in June 2019 after it received complaints concerning price increases which came into effect from 1 July 2019 after the introduction of a government levy.
Background
Bingo is a waste management company that provides landfill, waste processing and skip bins services throughout New South Wales, Victoria, and Queensland.
Aussie Skips Bin Services and Aussie Skips Recycling are Sydney-based waste management businesses that respectively supply skip bins and waste processing services for building and demolition waste.
On 16 August 2022, Bingo and Mr Tartak were charged with criminal cartel offences. Bingo pleaded guilty on the same day. On 20 October 2022, Mr Tartak pleaded guilty to the charges against him.
On 14 December 2022, Aussie Skips and Mr Roussakis were each charged with a criminal cartel offence. Aussie Skips and Mr Roussakis pleaded guilty to their respective charges on 27 February 2023.
Note to editors
A cartel exists when businesses agree to act together instead of competing with each other. Conduct can include fixing prices, sharing markets, rigging bids, or controlling the output or limiting the amount of goods or services. More information on cartel conduct can be found on the ACCC’s website at Cartels.
The ACCC investigates cartel conduct, manages the immunity process and, in respect of civil cartel contraventions, takes proceedings in the Federal Court.
The CDPP is responsible for prosecuting criminal cartel offences in accordance with the Prosecution Policy of the Commonwealth. The ACCC refers serious cartel conduct to the CDPP for consideration of prosecution in accordance with the Memorandum of Understanding between the CDPP and the ACCC regarding Serious Cartel Conduct.
The offences in this matter occurred in 2019. For corporations, the maximum fine for each criminal cartel offence before 9 November 2022 is the greater of:
- $10 million,
- three times the total benefits that have been obtained and are reasonably attributable to the commission of the offence, or
- if the total value of the benefits cannot be determined, 10 per cent of the corporation’s annual turnover connected with Australia.
An individual convicted of a criminal cartel offence before 9 November 2022 may be sentenced to up to 10 years’ imprisonment or fined up to $444,000, or both.
The maximum fines and civil penalties for cartel conduct by corporations were substantially increased with effect from 9 November 2022, by legislation passed by Parliament in October 2022.
Anyone who thinks they may be involved in cartel conduct is urged to call the ACCC Cartel Immunity Hotline on (02) 9230 3894. More information about the immunity process is available on the ACCC website at Cartels.
You can report suspected cartel conduct by using the anonymous cartel portal (link is external).
Use this form to make a general enquiry.
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17/24
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CMA finds fundamental concerns in housebuilding market
The CMA has concluded its housebuilding market study in England, Scotland, and Wales.From:Competition and Markets AuthorityPublished26 February 2024
- Planning system and the limitations of speculative private development have seen too few homes built.
- Concerns around estate management charges and the build quality of some new homes.
- New Competition Act investigation opened into 8 housebuilders following evidence suggesting information sharing.
The Competition and Markets Authority (CMA) has published its final report on the housebuilding market in Great Britain – finding that the complex and unpredictable planning system, together with the limitations of speculative private development, is responsible for the persistent under delivery of new homes.
The study also found substantial concerns about estate management charges – with homeowners often facing high and unclear charges for the management of facilities such as roads, drainage, and green spaces. Concerns have been found, too, with the quality of some new housing after the number of owners reporting snagging issues increased over the last 10 years.
Sarah Cardell, Chief Executive of the CMA, said:
Housebuilding in Great Britain needs significant intervention so that enough good quality homes are delivered in the places that people need them.
Our report – which follows a year-long study – is recommending a streamlining of the planning system and increased consumer protections. If implemented, we would expect to see many more homes built each year, helping make homes more affordable. We would also expect to see fewer people paying estate management charges on new estates and the quality of new homes to increase. But even then, further action may be required to deliver the number of homes Great Britain needs in the places it needs them.
The CMA has also today opened a new investigation into the suspected sharing of commercially sensitive information by housebuilders which could be influencing the build-out of sites and the prices of new homes. While this issue is not one of the main drivers of the problems we’ve highlighted in our report, it is important we tackle anti-competitive behaviour if we find it.
Housebuilding in Great Britain
There are persistent shortfalls in the number of homes built across England, Scotland, and Wales, with less than 250,000 built last year across Great Britain – well below the 300,000-target for England alone.
The report identified a wide range of different types of housebuilders operating in the market: around two-fifths of the homes built between 2021 to 2022 were delivered by the largest, national housebuilders while more than 50,000 homes were delivered by thousands of smaller, regional builders.
Around 60% of all houses built in 2021 to 2022 were delivered by speculative private development, which is when builders obtain land, secure planning permission, and construct homes without knowing in advance who will buy them or for how much. This way of building homes has given builders flexibility to respond to changes in the market. However, the country’s reliance on this model has seen the gap widen considerably between what the market will deliver and what communities need.
CMA Findings
The report found that this speculative approach to building, coupled with complex and unpredictable planning rules across the three nations, has been responsible for the persistent under delivery of homes:
- Planning Rules: the planning systems in England, Scotland and Wales are producing unpredictable results and often take a protracted amount of time for builders to navigate before construction can start. The report highlights that many planning departments are under resourced, some do not have up to date local plans, and don’t have clear targets or strong incentives to deliver the numbers of homes needed in their area. They are also required to consult with a wide range of statutory stakeholders – these groups often holding up projects by submitting holding responses or late feedback to consultations on proposed developments.
- Speculative Private Development: the report found another significant reason behind under delivery of homes are the limitations of private speculative development. The evidence shows that private developers produce houses at a rate at which they can be sold without needing to reduce their prices, rather than diversifying the types and numbers of homes they build to meet the needs of different communities (for example providing more affordable housing).
- Land Banks: the CMA assessed over a million plots of land held by housebuilders and found the practice of banking land was more a symptom of the issues identified with the complex planning system and speculative private development, rather than it being a primary reason for the shortage of new homes.
- Private Estate Management: the CMA found a growing trend by developers to build estates with privately managed public amenities – with 80% of new homes sold by the eleven biggest builders in 2021 to 2022 subject to estate management charges. These charges are often high and unclear to homeowners. Whilst the average charge was £350 – one-off, unplanned charges for significant repair work can cost thousands of pounds and cause considerable stress to homeowners. The report highlights concerns that many homeowners are unable to switch estate management providers, receive inadequate information upfront, have to deal with shoddy work or unsatisfactory maintenance, and face unclear administration or management charges which can often make up 50% or more of the total bill.
- Quality: housebuilders don’t have strong incentives to compete on quality and consumers have unclear routes of redress. Analysis also suggests that a growing number of homeowners are reporting a higher number of snagging issues (at least 16). The CMA’s consumer research and other evidence revealed that a substantial minority also experienced particularly serious problems with their new homes, such as collapsing staircases and ceilings.
Information Sharing
The CMA found evidence during the study which indicated some housebuilders may be sharing commercially sensitive information with their competitors, which could be influencing the build-out of sites and the prices of new homes. While the CMA does not consider such sharing of information to be one of the main factors in the persistent under-delivery of homes, the CMA is concerned that it may weaken competition in the market.
The CMA has therefore launched an investigation under the Competition Act 1998 into Barratt, Bellway, Berkeley, Bloor Homes, Persimmon, Redrow, Taylor Wimpey, and Vistry. The CMA has not reached any conclusions at this stage as to whether or not competition law has been infringed.
More information can be found via the CMA’s housebuilding investigation case page.
Next Steps
The CMA believes a substantial intervention in the housebuilding market is necessary to address the issues its market study has identified.
The CMA would like to see a housebuilding market that delivers:
- more homes overall, and particularly in the areas of highest demand, in turn reducing pressure on affordability;
- consistently better outcomes on new-build quality, with consumers having an effective route to redress; and
- reduced detriment to consumers arising from the private management of public amenities on new-build estates.
The CMA is making recommendations to governments in those areas where it sees opportunities to improve market outcomes without significant trade-offs with other policy objectives. These include:
- requiring councils to adopt amenities on all new housing estates.
- introducing enhanced consumer protections for homeowners on existing privately managed estates – including making it easier for homeowners to switch to a more competitive management company.
- establishing a New Homes Ombudsman as soon as possible and setting a single mandatory consumer code so homeowners can better pursue homebuilders over any quality issues they face.
Given the wider policy trade-offs and complexities that are inherent in the design and operation of the planning system, the CMA does not consider it appropriate to make specific recommendations to governments in this report about how those trade-offs should be made. However, given the vital role that the planning systems play in shaping market outcomes, the report sets out proposed options for consideration. These include:
- ensuring local authorities put in place local plans and are guided by clear, consistent targets that reflect the need for new homes in their area.
- streamlining the planning systems to significantly increase the ability of housebuilders to begin work on new projects sooner – while not watering down protections such as for the local environment. Measures to improve the capacity of council planning departments would also enable them to process more applications.
- introducing measures to increase the build-out of housing sites by incentivising builders to diversify the tenures and types of homes delivered.
While the recommendations and options above will significantly improve outcomes for homeowners and the housebuilding market, the evidence shows that the market may still not deliver the quantity of homes that meets Great Britain’s housing need.
It is open to policymakers to deliver change through more fundamental interventions, often with fiscal and policy implications, that go beyond the way in which the market itself works but would have a significant impact on the quality and affordability of new homes being built. While it is not for the CMA to offer recommendations or specific policy proposals in this space now, the report sets out areas of potential intervention.
These interventions would include a significant increase in non-speculative house building that has previously been led by local councils and housing associations.
More information – including the full final report – can be found via the CMA’s housebuilding market study case page.
Notes To Editors
- The final report marks the end of the CMA’s market study.
- The housebuilding market study examined housebuilding in England, Scotland, and Wales. The CMA launched the market study on February 28 2023.
- The CMA launched a consultation on 25 August 2023 on whether to make a Market Investigation Reference, based on concerns to do with weaknesses in the adoption process for roads and public open spaces resulting in responsibility for their maintenance being passed on to private companies that may have significant market power, and the large amount of developable land controlled by the largest housebuilders, which it was feared could be hindering the growth of smaller housebuilders. The CMA has decided not to launch a Market Investigation Reference at this time, for reasons set out in the final report.
- The Chapter I prohibition of the Competition Act 1998 prohibits agreements, concerted practices, and decisions by associations of undertakings which have as their object or effect the prevention, restriction, or distortion of competition within the UK or a part of it and which may affect trade within the UK or a part of it unless they are excluded or exempt. The CMA may launch an investigation under the Competition Act 1998 if it has reasonable grounds to suspect that there has been an infringement of competition law.
- There is no legal deadline to complete inquiries under the Competition Act 1998. As with all its work, the CMA will progress this investigation at pace whilst ensuring a robust and detailed review is conducted and parties’ rights of defence are respected.
- The CMA launched its consumer protection project in the private rented sector in 2023. As previously announced, the current focus is on investigating so-called ‘event charges’ in the retirement housing sector with other work paused until the government implements its Renters Reform Bill and the Digital Markets, Competition and Consumers (DMCC) Bill which are currently going through Parliament.
- For media enquiries, contact the CMA press office on 020 3738 6460 or press@cma.gov.uk.
Casos
CADE
Ato de Concentração nº 08700.000963/2024-11
Requerentes: CL RJ 009 Empreendimentos e Participações S.A. e Avantia Tecnologia e Engenharia S.A. Advogados: Eduardo Caminati, Marcio Bueno, Jéssica Gusman e Marcela Carvalho. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.000957/2024-56
Requerentes: Renner Hermann S.A. e Flextintas Indústria e Comércio Ltda. Advogados: Daniel Elias do Nascimento, Maria Carolina de Sá França, Luiz Eduardo Monteiro Lucas de Lima e Antônio Leonardo Lins Pontes Vieira. Decido pela aprovação sem restrições.
Comissão Europeia
KEPPEL / AERMONT CAPITAL / AERMONT
Merger
Last decision date: 22.02.2024 Simplified procedure
INPEX / KHI / IWATANI / JSE
Merger
Last decision date: 22.02.2024 Super simplified procedure
DCC / PROGAS
Merger
Last decision date: 22.02.2024
VAN DRIE / F&F
Merger
Last decision date: 22.02.2024 Simplified procedure