On April 20, the Administrative Court of Lazio (TAR) rejected Novamont's appeal against a fine imposed by the Italian Competition and Market Authority (AGCM). Last July, the AGCM fined Novamont and its parent company, Eni, €32 million for abusing their dominant market position in the market for Mater-Bi bioplastics, raw materials used in the production of thin and ultra-thin plastic bags for fruits and vegetables, between 2018 and 2023.
The TAR found that the facts of the antitrust violation determined by the AGCM were substantively undisputed. Furthermore, the court characterized the abuse as a continuing violation-meaning the violation continues as long as the anti-competitive effects persist, regardless of the signing of a single contract. This finding allows liability to be traced back to the period after Eni Group's acquisition of Novamont (which was completed in October 2023), and also provides a basis for calculating the fine up to December 31, 2023.
"Eni Group only recently gained control of Novamont and therefore believes it played no role in the core allegations in the lawsuit, yet it is still being fined for the parent company's liability," Eni Group and Novamont stated in a joint statement, announcing an appeal to the Italian Council of State, the highest administrative court, and expressing confidence that their position will be fully recognized in the next stage of the litigation.
