FAS Russia reached a settlement with container carriers
On 13 February 2017 the 9th Arbitration Appeal Court approved the settlement
In 2013 FAS opened a case against A.P. Moller-Maersk A/S (Denmark), CMACGMSA (France), Hyundai Merchant Marine Co., LTD (Korea), Orient Overseas Container Line Limited (Hong Kong), Evergreen Marine Corp. Ltd. (Taiwan) upon sighs of violating the Federal Law “On Protection of Competition”.
FAS concluded that the companies performed prohibited concerted actions, which resulted in fixing mark-ups to freight rates on the market of liner container carriage, thus, violating the antimonopoly law of the Russian Federation.
As for the settlement conditions, the carriers stopped the violation and undertook obligations, executing which will enable compliance with the Federal Law “On Protection of Competition” and fair conditions for consumers of container shipping services.
“Reaching a settlement is the most efficient way to restore fair competition rules on the market of liner container transportation”, said Deputy Head of FAS Sergey Puzyrevskiy.
Holding the companies administratively liable, FAS considered their actions aimed a competition support as mitigating circumstances.
Currently, the Antimonopoly Service, together with the market participants, is devising the “Guidelines” to determine the common conduct rules and principles on the market of liner marine transportation.
It must be noted that cases against liner container shippers are investigated by many foreign jurisdictions.
“Investigating the case, the Antimonopoly Service took into consideration foreign experience, particularly, the European Commission, where a case against liner container shippers also was regulated with a settlement. We hope that experience of investigating cases against the companies by FAS will be useful for our foreign colleagues in their own investigations on this market”, emphasized Head of FAS Igor Artemiev.