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EU competition update: AG views—Article 102 municipal in-house waste not an undertaking; Euribor cartel scope; EIRD fines reasoning on appeal; Silgan competence; mergers, State aid and policy highlights

Published on: 12 March 2026

Published by a LexisNexis Competition expert

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Article summary

Antitrust AG considers Latvian municipality not an ‘undertaking’ under Article 102 TFEU when organising in-house waste management

Advocate General (AG) Campos Sánchez-Bordona issued his opinion in Case C- 11/25 Jelgavas valstspilsētas pašvaldība v Konkurences padome, a reference from Latvia seeking clarification on whether Article 102 TFEU extends to a municipality’s decision to organise municipal waste services by directly awarding, via an in-house procedure, a long-term contract to a company in which it holds a majority interest. The AG suggested that the Court of Justice should declare that, where a municipality acts through its public authority prerogatives when organising municipal waste management, it cannot be treated as an ‘undertaking’ for the purposes of Article 102 TFEU.

Background

In 2004, Jelgava City Council (City Council) set up SIA Jelgavas komunālie pakalpojumi (SIA JKP), retaining 51% of the share capital and thus majority ownership. On 1 November 2004, the City Council entered into an agreement with SIA JKP for the collection and treatment of municipal waste, intended to run until 2029. The agreement was concluded without a competitive tender, relying on the in-house exception laid down in Latvian public procurement law, and therefore involved a direct award to the municipally controlled provider...

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