Competition Commission News

Dubai's DP World has asked an Indian court to halt an investigation into alleged antitrust violations at the country's largest container port in Mumbai, saying the regulator was seeking excessive information, a court document seen by Reuters showed.The Competition Commission of India (CCI) last year said it suspected antitrust violations by DP World and Denmark's A.P. Moller-Maersk at the terminals they operate at state-owned Jawaharlal Nehru Port Trust (JNPT).The CCI's investigation followed a complaint by Singapore's PSA International Pte Ltd, which alleged that Maersk and DP World businesses created barriers to hinder the growth of PSA's terminal by colluding on certain charges they levy at JNPT.In December, a Mumbai high court declined a DP World plea to quash the investigation.

India's antitrust regulator has ordered a probe into alleged anti-competitive practices by Denmark's A.P. Moller-Maersk and Dubai's DP World at the terminals they operate at the country's largest container port in Mumbai, five sources familiar with the matter told Reuters.The decision by the Competition Commission of India (CCI) to investigate follows a complaint by Singapore's PSA International Pte Ltd, which alleged that Maersk and DP World created entry barriers to hinder the growth of PSA's terminal by colluding on certain charges they levy at the state-owned Jawaharlal Nehru Port Trust (JNPT).Handling 66 million tonnes of cargo in the last fiscal year to March, JNPT is critical to India's international trade.

Norwegian shipping firm Hoegh Autoliners denied on Tuesday allegations made by South Africa that it and Japanese rival Mitsui O.S.K Lines had colluded to fix transport tariffs to and from South Africa. Hoegh Autoliners specializes in transporting cars, controlling 50 specialized vessels or 6-7 percent of the global fleet in this market. South Africa's Competition Commission said on Tuesday Hoegh Autoliners had been referred for prosecution on seven charges relating to collusive tendering, price fixing and market division.

The Competition Commission of Singapore (CCS) has given the nod to a proposed joint venture between three Japanese shipping lines. Japan’s big three shipping groups, Kawasaki Kisen Kaisha (K Line), Mitsui OSK Lines (MOL) and Nippon Yusen Kaisha (NYK),  announced last year an integration of their container shipping business with the establishment of a joint venture by 1 July 2017 and the commencement of joint servce from 1 April 2018. Under the JV, the Parties will merge their container liner shipping business, and their container terminal services businesses outside Japan. The only overlapping service of the Parties that would affect Singapore is the provision of container liner shipping services.

South Africa’s  competition watchdog  is seeking to fine Japan’s Kawasaki Kisen Kaisha (K-Line) as much as 10 percent of its annual revenue in the country for colluding on a tender for the transport of Toyota Motor Corp. vehicles, reports Reuters. The commission believes action must be taken against it for price fixing‚ market division and collusive tendering involving the transportation of Toyota vehicles from South Africa to Europe‚ North Africa (Mediterranean Coast) and the Caribbean Islands via Europe‚ West Africa‚ East Africa and Red Sea (Latin America) by sea. The Commission said K-Line rigged bids with rivals between 2002 and 2013 to fix prices and divide the market for shipping from South Africa.

Six of the world's biggest container shipping companies were raided by South African authorities on Wednesday on suspicion of colluding to inflate rates between Asia and South Africa, the country's Competition Commission said. The development comes as global container lines struggle in the worst-ever market conditions, caused by a glut of ships and slowing global trade, which has battered earnings and forced at least one out of business. The six companies raided comprise local subsidiaries of Denmark's Maersk…

Six of the world's biggest container shipping companies were raided by South African authorities on Wednesday on suspicion of colluding to inflate rates between Asia and South Africa, the country's Competition Commission said. The six companies comprise local subsidiaries of Denmark's Maersk, Swiss-headquartered Mediterranean Shipping Company, France's CMA CGM Shipping, Germany's Hamburg Sud, Singapore-based Pacific International Line and Maersk unit Safmarine, the commission said in a statement. It said the firms were suspected of engaging in collusive practices to fix incremental rates on the shipment of cargo from Asia to South Africa. "Any cartel by shipping liners in this region results in inflated prices for cargo transportation," Competition Commissioner Tembinkosi Bonakele said.

The Competition Commission approved the sale of a majority stake in Piraeus Port (OLP) to China’s COSCO during its meeting on Wednesday, saying it is in line with Greek competition laws. According to Greek national news agency AMNA, the next and final step for the changing of hands at Piraeus port is for the concession agreement to be submitted to parliament for approval. “Having taken into account the conditions and prospects of the relevant market, the improvements in its efficiency and the commitments given, concluded that the concentration does not raise serious doubts as to the compatibility of the deal with the performance requirements of competition in the individual markets it concerns,” the Commission said in its decision.

The Greek privatization fund TAIPED formally accepted the binding bid submitted by Cosco Pacific for the majority stake in Piraeus Port Authority (OLP), while the port company’s stock posted a significant increase on the Athens bourse in response to the Council of State’s rejection of various objections to OLP’s privatization. The renewed and better offer by Cosco for the 67% of OLP has reached 368.5 million euros. TAIPED announced that the sell-off agreement will now be forwarded for approval to the State Audit Council, after which the contract for the sale of the 67 percent stake in OLP to the Hong Kong-listed company will be signed.

The Singapore Shipping Association (SSA) has welcomed the decision by Singapore’s Minister for Trade and Industry to extend the Competition (Block Exemption for Liner Shipping Agreements) Order (BEO) for another five years until 31 December 2020. This is in line with a recommendation made to the Ministry by the Competition Commission of Singapore (CCS). The BEO, which was first issued in July 2006, exempts a category of liner shipping agreements from the prohibition against anti-competitive agreements under section 34 of the Competition Act. These include non-mandatory adherence to tariffs, and allowing member liner operators to enter into individual confidential contracts and offer their own service arrangements. It was extended in 2010 for five years until 31 December 2015.

South Africa's competition watchdog has recommended Japanese shipping firm Nippon Yusen Kabushiki Kaisha Ltd (NYK) pay a 104 million rand ($8.5 million) penalty for price-fixing and collusion in the transport of cars. The Competition Commission said on Tuesday NYK had admitted guilt and agreed to pay the fine after an investigation into collusion involving several shipping firms. "The Commission found that NYK colluded on 14 tenders with its competitors for the transportation of motor vehicles by sea," competition authorities said in a statement. The ultimate decision rests with the Competition Tribunal, which in most cases backs deals approved by the commission.

The government of India may continue to exempt vessel sharing agreements among shipping companies from the purview of fair trade watchdog CCI, reports Press Trust of India. The government felt that such pacts are unlikely to hurt competition, after the CCI and the Director General of Shipping reviewed the situation during the last exemption period. The Vessel Sharing Agreement (VSA) is a common practice in the shipping industry that allows entities to share space in each other's vessels. An official statement said that the Corporate Affairs Ministry is expected to soon issue a notification with regard to exempting VSAs from the ambit of Competition Commission of India (CCI). A one-year exemption, which was earlier provided by the government, expired in December last year.

The CMA CGM Group announced that it has signed with Adani Ports and Special Economic Zone (APSEZ), India’s largest port developer and part of Adani Group, an agreement for the development of a new common user Container Terminal at Mundra Port. This will be the fourth Container Terminal in Mundra and will be a 650 meters terminal along with 27 hectares of back area capable of handling 1.3 million TEUs annually. Following this announcement, the construction phase will be initiated immediately and completion will be in a record 24 months.

CMA CGM Group has announced that it has signed with Adani Ports and Special Economic Zone (APSEZ), India’s largest port developer and part of Adani Group, an agreement for the development of a new common user Container Terminal at Mundra Port. This will be the 4th Container Terminal in Mundra and will be a 650 meters terminal along with 27 hectares of back area capable of handling 1.3 million TEUs annually. Following this announcement, the construction phase will be initiated immediately and completion will be in a record 24 months. The project comprises design and construction of 650 meters jetty with a water depth of 16.5 meters. This world class terminal will initially have four units of 65 tonne capacity of Rail Mounted Quay Cranes capable of handling 18…

The Global Shippers' Forum has welcomed confirmation that the European Competition Commission will closely monitor the P3 for compliance with EU competition rules. GSF Secretary General, Chris Welsh, said,"The GSF has asked the Commission to closely scrutinise the P3 to ensure the Agreement is in line with the general provisions of the EU competition guidelines. GSF believes the P3 should assist the Commission in monitoring compliance by providing reports on service performance on specific port pairs, vessel withdrawals including short-term withdrawals that might cause disruption to shippers' supply chains, and information about future investment plans including future joint investment strategies that would impact on future capacity availability in the markets in which the P3 will operate.

Deutsche Post expects its DHL forwarding business to be granted immunity from prosecution and fines by Singapore antitrust authorities, who are investigating 11 companies for alleged price fixing, the German logistics company said. The Competition Commission of Singapore (CCS) said this month it was investigating 11 freight forwarding companies, including Deutsche Post unit DHL Global Forwarding, for alleged price-fixing of air freight forwarding services. Deutsche Post told Reuters last week that the probe related to pricing and surcharges in the forwarding industry from 2002 to 2007. Forwarders buy cargo space from airlines, shippers and truckers and bundle shipments for customers, such as carmakers, high-tech firms and agriculture firms.

The P3 agreement between Maersk, MSC, and CGM CMA continues to roil the waters. While the agreement’s pros-and cons are about to be scrutinized in an upcoming meeting between America’s Federal Maritime Commission, the European Competition Commission, and China’s Ministry of Transport, carriers outside the P3 are aggressively taking steps to stay competitive regardless of the regulators final decision. Hapag-Lloyd and CSAV announced 5 December they have been holding discussions on the possibility of merger or some other form of co-operation.

The European Union Competition Appeal Tribunal has overturned a Competition Commission ruling that MyFerryLink, which operates leased ex-Sea France ferries from Groupe Eurotunnel, must stop running its services, reports Maritime London. However, the judgment was based on arguments of jurisdiction and not the substance of the competition arguments so the Competition Commission will now re-examine the case. Jacques Gounon, chairman and chief executive officer of Groupe Eurotunnel, stated: “This is a victory for the consumer.

Royal Caribbean Cruises Ltd. expressed disappointment over the clearance by the EU Commission of Carnival Corporation's hostile bid for P & O Princess Cruises. in Europe nor with earlier reports of the EU inquiry's own findings. third parties would have been appropriate, especially in view of a sudden change in the apparent findings of the Competition Commission as reported in recent days. Royal Caribbean has been allowed no opportunity to comment on this change of direction, signalled at the start of last week. effectively reversed an earlier conviction among Commission officials and many others involved in the process, based on many months of analysis, that Carnival's bid should be prohibited or cleared only subject to major disposals.

Royal Caribbean Cruises Ltd., was notified of the decision by the Secretary of State for Trade and Industry to refer its proposed merger with P&O Princess to the Competition Commission for further review. Royal Caribbean believes strongly that the proposed merger will deliver significant consumer benefits, as well as shareholder value. Richard Fain, Chairman and Chief Executive of Royal Caribbean, said: "We have never taken regulatory approval for granted. This referral in no way detracts from our determination to complete the merger on the agreed timetable". Goldman Sachs International and Cazenove & Co. will not be responsible to anyone other than Royal Caribbean for providing the protections afforded to customers of Goldman Sachs International and Cazenove & Co.

SATS announced it has through its subsidiaries, SATS Airport Services and SATS-Creuers Cruise Services (SATS-Creuers), entered into a share purchase agreement to acquire the entire issued share capital of Singapore Cruise Center for S$110 million from Temasek. Singapore Cruise Center is a Singapore-based terminal operator which manages and operates the award-winning international cruise terminal and regional ferry terminal at HarbourFront Center, along with the two ferry terminals at Tanah Merah and Pasir Panjang. It has a strong cash-generative and profitable business, reporting revenue of S$45 million and profit before tax of S$16.7 million for the financial year ended March 31, 2013.

Smit Internationale NV today agreed with Adsteam to acquire Adsteam’s port of Liverpool towage operations. This agreement is a result from the requirement of the English Competition Commission as set out in its decision on the acquisition of Adsteam Marine Ltd by SvitzerWijsmuller. Consequently the agreement between SMIT and Adsteam is subject to approval of the Competition Commission and to the finalization of the acquisition of Adsteam by SvitzerWijsmuller.