I. The Commission today has adopted a decision finding that the
undertakings Fabbrica Pisana SpA (subsidiary of Saint-Gobain, the
French group), Società Italiana Vetro - SIV SpA (subsidiary of the
state-owned holding company EFIM) and Vernante Pennitalia SpA
(subsidiary of PPG-Industries, an American group) have infringed
Article 85(1) of the Treaty by restricting competition on the Italian
flat glass market, controlled to a large extent by the three
companies.
The agreements and concerted practices lasted at least from 1983 to
1986 and concerned :
(a) prices and terms of sale for glass in Italy for use others than
in the motor industry;
(b) prices and the quota sharing for glass for the motor industry in
Italy;
(c) market sharing arrangement by systematic exchanges of products
between competitors agreed over long periods and having as their
object in this case the reinforcement of restrictive practices
regarding prices and market sharing.
These restrictions affected trade between Member States because they
also concerned products which the three undertakings imported from and
exported to other EEC countries and because they tended to isolate the
Italian market and prevent economic interpenetration as sought by the
Treaty.
In view of the seriousness and duration of the infringements, and the
fact that the three undertakings have committed infringements in the
past, the Commission, while taking account of the economic
difficulties facing the glass industry during a part of the relevant
period, has decided to impose the following fines for the
infringements of Article 85(1):
- 7,000,000 ECU on Fabbrica Pisana SpA,
- 4,700,000 ECU on Società Italiana Vetro - SIV SpA,
- 1,700,000 ECU on Vernante Pennitalia SpA.
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II. The Commission's decision also finds that the three undertakings
concerned abused their collective dominant position on the Italian
market, which is a substantial part of the Common Market.
The structural links between the three firms based on the systematic
exchange of products and on the special relationship they enjoy with
the major distributors in order to control supply to the market,
supported the conclusion that Fabbrica Pisana SpA, Società Italiana
Vetro - SIV SpA and Vernante Pennitalia SpA acted on the market as a
single entity and not as individual enterprises.
The collective dominant position appeared from the market share in
Italy (79% for glass for uses other than in the motor industry and 95%
for glass for the motor industry) and from the fact that these firms
are part of multinational groups which control at least 50% of the EEC
supply of flat glass.
The abuses alleged are the agreements and practices concerning prices
and terms of sale for glass for uses other than in the motor industry
and concerning prices and quota sharing for glass used in the motor
industry.