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Fair Trade Commission News

24 Jan 2022

Planes, Trains and Ships: Criminal Antitrust Enforcement Speeding Up for Transportation Sector

© enanuchit / Adobe Stock

The Biden administration recently issued a sweeping Executive Order [1] aimed at protecting and enhancing competition, and the transportation sector—including air, ocean, and rail—is among the industries specifically identified and likely to see heightened antitrust scrutiny under the new directives. This executive action was soon followed by the long-awaited announcement of Biden’s pick to lead the U.S. Department of Justice’s Antitrust Division (Division), Jonathan Kanter, who…

02 Aug 2021

MHI Maritime Systems: A New Company Specialized in Naval Vessels and Governmental Ships

As reported earlier, Mitsubishi Heavy Industries, Ltd. (MHI) concluded an agreement in March with Mitsui E&S Holdings Co., Ltd. under which MHI will take over the Naval and Governmental Ships business of Mitsui E&S Shipbuilding Co., Ltd. The decision has now been taken to name the new business entity Mitsubishi Heavy Industries Maritime Systems Co., Ltd., with the new company’s operational launch date to be announced after receipt of the results of the review currently underway by the Japan Fair Trade Commission (JFTC).With inauguration of the new business company, MHI and MHI Maritime Systems will integrate in a concerted drive to expand their product lineups in naval vessels and governmental ships, enhance their product development capabilities, and improve production efficiency.

02 Jul 2019

Hyundai Seeks Approval For DSME Merger

South Korean shipbuilding conglomerate Hyundai Heavy Industries (HHI) Group has officially started the process to earn approval from anti-trust regulators for its proposed takeover of Daewoo Shipbuilding and Marine Engineering Co. (DSME).HHI has submitted a request for the formal approval from the South Korea’s Fair Trade Commission (FTC), as well as from antitrust authorities in Japan, China, Kazakhstan and the European Union.According to Yonhap New Agency the shipbuilding major would submit further requests for approval to other countries.Meanwhile, Hyundai Heavy Industries Group completed the spinoff of Hyundai Heavy Industries Co. into Korea Shipbuilding & Offshore Engineering Co.

31 May 2019

Shareholders OK HHI Split-up Plan

Shareholders of Hyundai Heavy Industries (HHI) have approved the South Korean shipbuilder's split-up plan amid fierce opposition from its labor union.According to local media reports, Hyundai Heavy Industries, , South Korea's largest shipbuilder, is now divided into mid-holding companies and subsidiaries engaged in shipbuilding, special ship, offshore plant, engine and machinery business.HHI changed its name and mission to the Korea Shipbuilding & Marine Engineering Co., Ltd. (KSME) and decided to use Hyundai Heavy Industries (HHI) as its new subsidiary.KSME will be a listed company with a 100% shareholding in the newly-split company.HHI…

27 Dec 2018

MacGregor: Cleared by S. Korean Regulators for TTS Acquisition

MacGregor, part of Cargotec, received a clearance decision from the South Korean Fair Trade Commission on the company's acquisition of the marine and offshore businesses of TTS Group ASA, which was announced on 8 February, 2018.MacGregor announced the approval from the German regulator on November 6, 2018 but is still waiting for the approval from the competition authority in China. As communicated on December 20, 2018, MacGregor expects to close the transaction in Q1 2019.

12 Feb 2018

Several Car Shippers Face Fines for Rigging Bids

(File photo: WWL)

EU antitrust regulators are set to fine Nippon Yusen KK (NYK) and several other Japanese shippers as well as Norwegian Wallenius Wilhelmsen Logistics ASA (WWL) in the coming weeks for rigging bids for shipping cars, according to people with knowledge of the matter. The EU sanctions follow a near six-year investigation which started with dawn raids by the European Commission in September 2012 in coordination with Japanese and U.S. antitrust authorities. Competition regulators around…

30 Nov 2017

Maersk Completes Hamburg Süd Acquisition

The transaction between Oetker Group and Maersk Line for Maersk Line's acquisition of Hamburg Süd, the German container line, was closed on 30 November 2017. On 1 December 2016, Maersk Line announced its intention to acquire Hamburg Süd. The acquisition triggered a regulatory approval process in 23 jurisdictions which was successfully concluded on Tuesday 28 November with the approval of the acquisition by the Korea Fair Trade Commission. "With the final approval of the acquisition we have reached an important milestone in our strategy to become an integrated transport and logistics company delivering sustainable growth. These are truly exciting times and we are looking forward to taking the first steps forward as one company," says Søren Skou, CEO of A.P.

21 Aug 2017

FTC Fines Global Car Shipping Firms USD 37.8mln

South Korea's antitrust watchdog Fair Trade Commission (FTC)  has imposed a combined 43 billion won (US$37.8 million) in fines on nine global auto shipping companies for bid rigging and price fixing, reported Yonhap. According to the FTC, the nine car shipping companies colluded between August 2002 and September 2012 in global biddings offered by car manufacturers that they should “respect” existing contracts of one another so as not to compete. The nine car shipping companies are Japan’s Nippon Yusen Kabushiki Kaisha, Mitsui O.S.K. Lines, Kawasaki Kisen Kaisha, Nissan Motor Car Carrier and Eastern Car Liner, Norway’s Wallenius Wilhelmsen Logistics and Hoegh Autoliners, Chile’s Compania Sudamericana de Vapores S.A. and Korea’s Eukor Car Carriers.

22 Aug 2017

MOL Breached South Korean Antitrust Law

The Fair Trade Commission of South Korea (KFTC) announced on August 21, 2017 that several companies including MOL have breached South Korean antitrust law with respect to car carrier services. "MOL and other shipping companies have been investigated by the KFTC due to the suspicion of antitrust law violation. MOL has fully cooperated with the KFTC during the investigation," said a press statement from the company. Though the KFTC announced that they found the violation of South Korean antitrust law and imposed a fine, MOL and its subsidiary company, Nissan Motor Car Carrier Co., Ltd. (NMCC) was exempted from all penalty including the fine because KFTC granted MOL's and NMCC's joint application under the KFTCs leniency program.

16 Nov 2016

Japan Starts Probe of LNG Shipping Restrictions

Japan's Fair Trade Commission (JFTC) has ordered the country's liquefied natural gas (LNG) buyers to provide details on contract requirements that prevent them from reselling the fuel to third parties, according to a source with direct knowledge of the inquiry. The move suggests the powerful anti-monopoly regulator has launched a formal investigation into whether the so-called destination clauses limit competition and could lead to hundreds of billions of dollars LNG contracts being renegotiated. Japan, the world's biggest LNG buyer, and other Asian buyers have complained that the long-established practice of adding the clauses to LNG contracts places unfair restrictions on trading the fuel when it would make more economic sense to sell to other markets.

31 Oct 2016

Fair Trade Commission Approves Blohm+Voss Acquisition

Photo: Blohm+Voss

The German Fair Trade Commission has approved the acquisition of Hamburg shipyard Blohm+Voss GmbH by the Bremen-based, family-owned company Luerssen Maritime Beteiligungen GmbH & Co. KG, a specialty designer, manufacturer and repairer of yachts over 60 meters and military ships. The purchase agreement was signed at the end of September 2016, and now, following the official approval, formal ownership will be transferred from the previous owner, the Funds of the British private equity investor Star Capital Partners.

29 Sep 2016

Shipbuilding Consolidation: Luerssen Acquires Blohm+Voss GmbH

PHOTO: Betriebsteil Lemwerder©Wolfgang Kundel (terra-air service)

Family owned and Bremen based shipyard, Luerssen acquired storied shipyard Blohm+Voss in Hamburg, the company announced on Wednesday, September 28, 2016. With the acquisition of Blohm+Voss, Luerssen said it is entering into a long-term relationship to strengthen its portfolio in the repair and refit activities for yachts, naval and commercial ships as well as enhancing its naval new build activities within their corporation. The contract between Luerssen and the funds of British private equity investor…

14 Jul 2016

Japan Regulator Investigating LNG Shipping Restrictions

File photo: MOL

Japan's anti-monopoly regulator is investigating whether clauses in liquefied natural gas (LNG) contracts preventing buyers from selling the fuel to third parties hurts competition, Bloomberg News reported on Thursday, citing unidentified sources. The investigation by the Japan Fair Trade Commission (JFTC) is in the early stages and may be completed by the end of year, the report said. A spokesman for the JFTC would not comment on the issue when contacted by Reuters, including whether any probe is under way.

28 Dec 2015

China Fines 8 Global Shippers

China is going after container shipping lines for freight rate abuses. The Chinese Ministry of Transport has fined a total of $65 million on price-fixing charges. The National Development and Reform Commission said in a statement that the imposed fines are equivalent to 4% to 9% of their international shipping sales “concerning transport to and from China". The investigation lasted for more than a year, the NDRC said. Japan's Nippon Yusen KK, Mitsui OSK lines, Kawasaki Kisen Kaisha and Eastern Car Liner, Korea's Eukor Car Carriers, Norway's Wallenius Wilhelmsen Logistics, Chile's Cia Sud Americana de Vapores and its shipping line were the eight indicted after a year-long investigation.

15 Sep 2015

Law Maker Attacks Korean Shipbuilders

Lee Jin-bok, a lawmaker of the ruling Saenuri Party in Korea says that the government has given an "incentive for mutual growth" to Korea's major shipbuilders while they are accused of an unfair business practice. The three shipbuilders - Hyundai Heavy Industries, Daewoo Shipbuilding & Marine Engineering and Samsung Heavy Industries - forced their partner companies not correctly to respond to the questionnaire on the 'mutual growth index,' he accused. "They even forced the partner companies to sign an agreement,” Lee said. The shipbuilders passed on their damage to their partner companies by cutting cost, said Lee, who found out the unfair practice through the meeting with small partner companies.

13 Jun 2015

Harim Acquires Pan Ocean

South Korean poultry processor Harim Corp. is set to wrap up its purchase of troubled dry bulk carrier Pan Ocean Co. after creditors and shareholders approved a rescue plan for the country's biggest bulk carrier. Harim, partnering with JKL Partners, participated in the bid last year and was picked as the preferred bidder in December. The company paid over 1 trillion won ($895.5 billion) for the deal earlier this month. Singapore and Seoul-listed Pan Ocean’s rehabilitation plan has been approved by the Seoul Central District Court, following the agreement of more than two thirds of unsecured claims creditors (87.0%) and more than half of shareholders (61.6%), the bulker owner said in a stock exchange filing.

02 Apr 2014

Wilh.Willhelmsen Holdings Report 2013 Profit Slide

Image courtesy of WWH

The Directors' report 2013 (extracted here) states that shipowners & technical services firm Wilh. Wilhelmsen Holding group (WWH) delivered lower results for 2013 when compared with a very strong 2012. The fallback in results was due to a 7% reduction in shipping volumes and substantial sales gains impacting previous year accounts. The accounts show that operating profit slipped from $562-million in 2012 to $325-million in 2013. Wilh. Experienced lower demand for transportation of high and heavy cargoes, while auto volumes for the year were stable.

19 Mar 2014

MOL Granted Exemption in Car Carrier Price-Fixing Probe

MOL car carrier: Photo in public domain

Mitsui O.S.K. Lines (MOL) inform that the Japan Fair Trade Commission (the JFTC) has issued Cease and Desist Orders and Surcharge Payment Orders to certain shipping companies regarding certain car carrier shipping trades, but exercised leniency as MOL had already desisted from the questioned business conduct. The JFTC suspected certain shipping companies, including Mitsui O.S.K. Lines, Ltd. (MOL), of violating the Japanese Antimonopoly Act, and conducted on-site investigations on September 6, 2012.

06 Jan 2014

MOL President Calls for Focused Growth in 2014

Koichi Muto

MOL Group president Koichi Muto issued a New Year message that reflects on 2013 while rallying for company-wide growth in 2014 as MOL prepares for 130th anniversary. “Looking back at 2013, Japan’s economy finally started to offer a glimpse of hope for pulling out of the deflation from which it has suffered for many years,” Muto said. “This can be attributed to the economic policies of Prime Minister Abe’s government, or the so-called “three arrows” of Abenomics. Last year, MOL…

09 Apr 2001

Japanese Shipbuilders Warned Over Bid Rigging

According to a report from the Kyodo News Service, eight shipbuilders were warned by the government's competition policy watchdog over alleged bid rigging on defense contracts. The Fair Trade Commission (FTC) said it issued the warning over what it deems were acts to unfairly restrict competition for contracts from the Maritime Self-Defense Force (MSDF) concerning the force's fleet between fiscal 1996 and fiscal 1999. The eight are Mitsubishi Heavy Industries Ltd., Ishikawajima-Harima Heavy Industries Co., Sumitomo Heavy Industries Ltd., Hakodate Dock Co., Mitsui Engineering & Shipbuilding Co., NKK Corp., Sasebo Heavy Industries Co. and Hitachi Zosen Corp.

18 Oct 1999

Daewoo Fined For Intra-Group Trade

South Korea's Fair Trade Commission reportedly fined Daewoo Corp about $1.2 million last month for an unfair intra-group foreign currency transaction, in which Daewoo allegedly sold $192 million below market rates to Daewoo Heavy Industries through the local branches of two foreign banks. Daewoo Group, currently struggling under debts of $47.3 billion, was fined a total of $11.2 million, including the $1.2 million for the currency transaction.

03 Aug 2005

Water-Treatment Companies Searched Over Bid-rigging

More than 10 major water-treatment plant makers, including Mitsui Engineering & Shipbuilding Co. and Mitsubishi Heavy Industries Ltd., were searched Tuesday by the Fair Trade Commission on suspicion of repeatedly rigging bids for contracts from local governments, as reported by the Japan Times. Also raided were Sumitomo Heavy Industries Ltd., JFE Engineering Corp., Kubota Corp., Ebara Corp., Hitachi Zosen Corp., Takuma Co. and Ataka Construction and Engineering Co. Most of the companies confirmed they were being searched by the antimonopoly watchdog but declined comment on the reason. The firms are suspected of conspiring to select bid winners and fix bid prices for contracts for building water-treatment plants…