Russia's antitrust regulator confirms violation of competition rules by some carriers
Russian Federal Antimonopoly Service (FAS) has completed probe of shipping lines over probable price-fixing and found that some of the global container liner operators infringed the country's antitrust laws. The Russian antitrust regulator stated that A.P. Moller-Maersk A/S, CMA CGM SA, Hyundai Merchant Marine Co., Orient Overseas Container Line Limited infringed Russian Federation competition law (Paragraph 1, Part 1, Article 11.1 of the Federal Law 07.26.2006, № 135-FZ) by committing illegal “concerted practices” in implementing freight rates surcharges for dry container shipping on the Far East, South East Asia, St. Petersburg, Ust-Luga trades in 2012-2013.
The antitrust regulator also found tA.P.Moller-Maersk A / S, Evergreen Marine Corp. Ltd, Hyundai Merchant Marine Co., LTD, Orient Overseas Container Line Limited violated the law “On Protection of Competition” (Paragraph 1, Part 1 of Article 11.1 of the Federal Law of 07.26.2006 № 135-FZ) by applying prohibited “concerted practices”, introducing freight rates surcharges for shipping refrigerated containers on the Far East / South East Asia - Russian Federation (St. Petersburg, Ust-Luga) services in 2012-2013.
FAS said that its Commission's decision was based on the norms of the Russian legislation on prohibition of 'concerted practice' that does not apply to the concerted practices of economic entities whose total share in the market does not exceed 20% and the share of each of them in the market does not exceed 8%, and other articles of the competition protection law. In this regard, the actions of other market participants in addition to the above mentioned, do not form part of the antitrust rules violations.
At the same time, the Commission said it did not find in the actions of the carriers' agents in the Russian Federation, and other persons involved as a defendant the violation of competition rules, as these agents did not impose or published freight rates charges (GRR, RR) and did not receive revenues for shipping containers on the Far East / South East Asia - Russian Federation (St. Petersburg, Ust-Luga) in 2012-2013.
The Commission considers that the actions of the carriers and their agents in the Russian Federation that may entailed the infringement of the antitrust law in part of Storage Surcharge; Terminal Handling Charge in the ports of St. Petersburg and Ust-Luga; Winter Surcharge, Electronic Notification Surcharge are subject to further probe and tasked Anti-Cartel Department of FAS to investigate into these cases.