Clarios Obtains AGCM Acceptance of Alleged Restrictive Agreement Commitments

June 15, 2021

Cleary Gottlieb represented Clarios Italia S.r.l. (Clarios) in the investigation launched by the Italian Competition Authority (AGCM) in December 2019.

The investigation concerned an alleged restrictive agreement put in place by COBAT and its main members (recyclers and integrated producers) to artificially reduce the purchase price of waste batteries that are collected and treated for transformation into a new resource (secondary lead), used for the production of new lead batteries.

Following extensive negotiations between the AGCM and the parties to the proceedings, on February 8, 2021, Clarios and the other parties submitted a set of commitments aimed at removing the effects of the alleged infringement. On June 15, 2021, the AGCM decided to accept the commitments submitted, making them binding, thus closing the investigation without finding any infringement of competition law.

Clarios is the second-largest Italian operator active in the sale of lead batteries for vehicles and industrial applications. COBAT is the largest Italian consortium for the waste management of lead batteries and accumulators.