April 22, 2026 08:55

The Lazio Regional Administrative Court (TAR), Italy’s first-instance administrative court, has rejected the appeal filed by Novamont against the EUR 32 million fine imposed in July last year by the Italian Competition Authority (AGCM).

The penalty was issued to Novamont and, jointly, to its parent company ENI for abuse of a dominant position in raw materials (Mater-Bi bioplastics) used to produce lightweight and ultra-lightweight bags for fruit and vegetables over the period 2018–2023 (read the article).

The court found that the antitrust infringement established by the AGCM had not been challenged on its merits. It also classified the abuse as a continuing infringement, meaning it persists as long as its anti-competitive effects continue and is not limited to the signing of individual contracts. This interpretation allows liability to be extended to the period following ENI’s entry, justifying the fine up to 31 December 2023.

"ENI was fined on the basis of parental liability, even though it acquired control of Novamont only recently and therefore believes it had no role whatsoever in the alleged conduct at the centre of the proceedings," ENI and Novamont said in a joint statement, announcing an appeal to the Council of State, Italy’s highest administrative court, "in the belief that their arguments may be fully recognised in the next stage of the proceedings".

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