The Competition Council informs that it has fined the companies Albalact, Covalact and Dorna Lactate, part of the French group Lactalis, with fines in the amount of 14,335,002.70 lei (approx. 2.9 million euros) for refusing to provide access to some information during the unannounced inspections carried out as part of the investigation into possible price-fixing agreements on the butter production and marketing market.

The fines were applied as follows:

1. Albalact S.A. 9,913,038.57 lei (approx. 2 million euros)

2. Covalact S.A. 2,446,524.01 lei (approx. 495 thousand euros)

3. Dorna Lactate S.A. 1,975,440.12 lei (approx. 400 thousand euros)

The competition authority applied these sanctions because the three companies did not grant competition inspectors access to certain e-mail accounts or correspondence used by employees or representatives of the companies, during the unannounced inspection carried out between March 28 and 30, 2023.

In order to make the companies provide access to the information, fines were imposed on them in the total amount of 130,913.27 lei for each day of delay, the amount calculated from the date of the communication of the sanction until the date on which they will allow the representatives of the institution access to the information and required documents.

We remind you that the competition authority launched, at the end of March this year, three investigations into possible price-fixing agreements in the markets for the production and/or marketing of sunflower oil, butter and sugar.

As part of the three investigations, unannounced inspections were carried out at the headquarters and workplaces of several companies on the sunflower oil production and marketing market, such as Bunge România SRL, Expur SA, Prutul SA and Ardealul SA, but also from the butter production and marketing market, among the targeted companies being Albalact SA, Covalact SA and Dorna Lactate SA), Friesland Romania SA, Lacto Food SRL and Fabrica de Lapte Braşov (Olympus).

Regarding the sugar manufacturing and commercialization market, inspections were carried out at the companies Agrana România SRL, Pfeifer & Langen România SRL and Luxor Impex SRL.

The unannounced inspections are authorized by the Bucharest Court of Appeal and are justified by the need to obtain all the information and documents necessary to clarify the possible anti-competitive practices analyzed. Doing so does not prejudge the companies' guilt.

According to the competition law, competition inspectors can request any kind of information related to the subject of the investigation, and companies that refuse to cooperate with the institution or that obstruct its activity in conducting investigations are fined from 0.5% to 10% of the amount of total business performed in the financial year prior to the sanction.