They have been canceled since Tar of Lazio the fines imposed by the Antitrust Authority in June 2019 to some of the main large-scale distribution operators to which it complained of irregularities regarding the obligation to return the fresh bread left unsold, imposed on its suppliers.
The decision is contained in three sentences (another 8 sentences had been issued last July) upholding the appeals filed by long S (penalty of 50 thousand euros), from North West Consortium-Coop Lombardia-Novacoop-Coop Liguria (fine of 20 thousand euros) e Carrefour Italia-Di Per Dì-Società Sviluppo Commerciale-Gs (penalty of 50 thousand euros). Following an act of impulse by Assipan, the Antitrust initiated a series of investigative proceedings concerning the conduct consisting in imposing, also from 2014, on its suppliers of fresh bread: collection and disposal at their own expense of the entire quantity of unsold product at the end of the day, as a significant percentage of the ordered product; the re-crediting to the distribution chain of the price paid for the purchase of the returned goods (so-called ‘return obligation’). At the end of the investigation, the Authority adopted the sanctioning measures, which were then contested. The TAR considered that the appeals deserve acceptance “by reason of the validity of the complaints regarding the preliminary investigation carried out”. In essence, for the judges, the Authority issued the sanctions “on the basis of an extremely deficient evidentiary framework, essentially based on answers of varied content and provided by a limited number of bakers, using a presumptive investigation which is not suitable for demonstrate the existence of a deliberate corporate strategy aimed at imposing on suppliers the obligation to take back unsold bread ”.
Loading…