On March 24, 2010, the Italian Antitrust Authority (IAA) issued
a decision finding the three main Italian liquefied petroleum gas
(LPG) suppliers guilty of setting up a cartel to fix the prices of
LPG in cylinders and small tanks to be sold in the Italian market,
thus infringing Article 101 of the EU Treaty (formerly Article 81).
This case has attracted attention because this cartel managed to
keep itself secret for so long and it was possible to successfully
uncover the activities only with the cooperation of one of the
The IAA fined Butan Gas S.p.A. and Liquigas S.p.A. over
€ 22 million, while the third supplier obtained full
amnesty, having cooperated in full during the proceedings and
sought leniency (pursuant to Article 15, paragraph 2-bis, of
Italian law No. 287/1990).
The IAA started an initial investigation on April 2008, after a
few customers complained that the cost of LPG in Sardinia was
higher than in the rest of the country. The investigation advanced
only when significant valuable information was offered by the third
supplier, whose cooperation was required as a condition of
leniency. At first the IAA had believed that the market affected
was limited to the sale of LPG cylinders in the Italian Region of
Sardinia. After the third supplier lodged its leniency application
in October 2008 and provided information on the full reach of the
cartel, the IAA expanded the scope of its investigation.
Ultimately, the IAA alleged that the cartel affected the sale of
LPG in small tanks, in addition to the market for the sale of LPG
in cylinders, and all of Italy, not just Sardinia. The IAA found
that the three suppliers had a combined market share of 40% in LPG
in cylinders and 36% in LPG in small tanks, thus controlling a
significant part of the Italian market for the sale of LPG for
The IAA determined that, during the period 1995 to 2005, the
three suppliers coordinated the price of LPG in cylinders and in
small tanks. According to the IAA, the evidence it collected showed
that the top managers of the three suppliers held frequent private
meetings to discuss their price-fixing strategy and monitor the
cartel. The IAA also relied on parallel changes in the prices of
LPG in cylinders and small tanks as indicating coordination among
the suppliers. In particular, the IAA determined that, between 1995
and 2005, 74-80% of the three suppliers' decisions to modify
their price lists were coordinated.
In light of these determinations, the IAA found that the three
suppliers had infringed Article 101 by establishing and operating a
ten-year cartel to fix prices of LPG in small tanks and cylinders
to be sold in the Italian market.
The IAA imposed fines that were significantly larger than
similar past cases: almost € 5 million for Butan Gas and
over € 17 million for Liquigas. In determining these
fines, the IAA took into account the extraordinarily long duration
of the cartel (10 years) and the seriousness of the infringement
(both EU and Italian law define price-fixing cartels as one of the
most serious type of antitrust law infringement). The IAA decided
not to fine third supplier, given its complete cooperation with the
This case also reflects the increasing trend of Italian
companies, especially international players accustomed to demanding
competition law compliance programs, to cooperate with enforcement
authorities in antitrust investigations. Especially where a company
may be able to negotiate leniency, cooperation with authorities can
be the best route to avoid liability for past antitrust
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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