On 17 July 2019, the Italian Competition Authority (AGCM) concluded a complex investigation, establishing the existence of two cartel agreements aimed at distorting fair competition in the markets for corrugated cardboard sheets and corrugated cardboard packaging.
These agreements involved the leading producers of corrugated cardboard sheets and packaging, as well as the industry association Gruppo Italiano Fabbricanti Cartone Ondulato (GIFCO). The Authority imposed fines exceeding €287 million, thereby opening the possibility of seeking compensation for damages suffered.
Thirty of the companies sanctioned by this decision appealed to the TAR Lazio (Regional Administrative Court) seeking annulment.
On 24 May 2021, the TAR Lazio issued twenty-five judgments, dismissing twenty-one of the twenty-five appeals brought by cartel members. Only four companies were found not to have participated in the cartels.
In substance, the anti-competitive conduct and the related sanctions were upheld for the majority of cartel participants, in line with the conclusions of the Authority’s investigation.
Finally, by judgments issued in January 2023, the Council of State definitively confirmed the existence of the cartels.
Companies that purchased corrugated cardboard sheets and/or packaging between 2004 and 2018 may be entitled to compensation for the damages suffered.
Libra – FdC SpA, subject to verification of the required documentation, offers those harmed the opportunity to assign their potential compensation claim in exchange for an immediate payment.
Participants in the Libra – FdC SpA campaign will therefore be able to immediately receive the proceeds of the assignment, without the need to bring legal proceedings against the corrugated cardboard producers or await the outcome of litigation.
The campaign has been active since 9 May 2024 and will run until the available funding allocation is exhausted.
Case Summary
- Corrugated Cardboard Sheets Cartel
- Corrugated Cardboard Packaging Cartel
AGCM, decision of 17 July 2019; TAR Lazio, judgments of 24 May 2021; Council of State, judgments of January 2023.
Defendants (corrugated cardboard sheets): GIFCO and the following corrugated cardboard producers: Pro-Gest S.p.A., Cartonstrong Italia S.r.l., Ondulato Trevigiano S.r.l., Ondulati Maranello S.p.A., Plurionda S.p.A., Laveggia S.r.l., Scatolificio Laveggia S.p.A., Ondulati Santerno S.p.A., DS Smith Packaging Italia S.p.A., Smurfit Kappa Italia S.p.A., Innova Group Stabilimento di Caino S.r.l., Adda Ondulati Società per Azioni, Imballaggi Piemontesi S.r.l., Ondulati Nordest S.p.A., Ondulati ed Imballaggi del Friuli S.p.A., Ondulato Piceno S.r.l., ICOM S.p.A.
Defendants (corrugated cardboard packaging): GIFCO and the following packaging producers: Smurfit Kappa Italia S.p.A., DS Smith Packaging Italia S.p.A., Toscana Ondulati S.p.A., International Paper Italia S.r.l., Saica Pack Italia S.p.A., Mauro Benedetti S.p.A., Ondulati ed Imballaggi del Friuli S.p.A., Scatolificio Idealkart S.r.l., Laveggia S.r.l., Scatolificio Laveggia S.p.A., Innova Group – Stabilimento di Caino S.r.l., Antonio Sada & Figli S.p.A., ICO Industria Cartone Ondulato S.r.l., ICOM S.p.A., Grimaldi S.p.A., Ondulato Piceno S.r.l., MS Packaging S.r.l., Trevikart S.r.l., Ondulati Maranello S.p.A.
Claimants: companies that directly or indirectly purchased corrugated cardboard sheets or corrugated cardboard packaging.
Relevant period: purchases made between 2004 and 2018.
