FCC was involved in price fixing, market sharing and the exchange of competitively sensitive information with competitors in relation to public and private tenders in the waste management sector in Austria from at least July 2002 to March 2021.
The decision is legally binding.
Waiver of application for a fine - leniency program
FCC cooperated fully with the AFCA and the Federal Cartel Prosecutor under the Leniency Program from the outset of the investigation. The company submitted an acknowledgment of the facts of the case (so called “Settlement”), thereby helping to expedite the proceedings. Due to the early and complete cooperation, the AFCA refrained from applying for the imposition of a fine. The company thus received full immunity under the leniency program (see theFCA’s press release dated February 16,2024)).
Infringements in the waste management sector
The infringements concerned price fixing, market sharing and the exchange of competitively sensitive information in relation to public and private tenders. Thereby, the companies helped eachother to win contracts, reduced uncertainty about their future business conduct and thus secured their market shares. By dividing up territories and customers, the companies involved created an interlocking construct of cartels that ultimately covered the whole of Austria.
The AFCA has already applied to the Cartel Court for a fine of EUR 7.085 million to be imposed on the second leniency applicant, Saubermacher Dienstleistungs AG (see the AFCA’s press release dated September 9, 2024).
Leniency program and waiving the imposition of a fine
Under the conditions specified by law, the AFCA can reduce the fine to be imposed or refrain from requesting the imposition of a fine in return for a company's cooperation in uncovering a cartel (further information on the leniency program can be found here).