Bundeskartellamt concludes proceedings and fines providers of container transport services in the area of the German seaports

The Bundeskartellamt has imposed fines totalling approx. 4.56 million euros on seven companies, the persons responsible within these companies and an association of companies on account of concerted practices concerning container transport services provided in the area of the German seaports of Hamburg, Bremen and Bremerhaven.

The association involved is the FCDS committee (Fachgruppe Containerverkehre der deutschen Seehäfen e.V.) which represents the interests of providers of container transport services in the German sea transport industry. The companies involved are the following members of the FCDS: CTD Container-Transport-Dienst GmbH, Hamburg, EKB Container Logistik GmbH & Co. KG, Bremen, Eurogate Intermodal GmbH, Hamburg, GCD Glomb Container Dienst GmbH, Bremerhaven, Heinrich Langhorst GmbH & Co. KG, Bremen, Kurt Kluxen Spedition KG, Hamburg, and Walter Lauk Containerspedition GmbH, Hamburg.

Andreas Mundt, President of the Bundeskartellamt: "The general understanding among the companies was that cost increases which the container transport industry had to face should be passed on to their customers as much as possible. For this purpose the companies regularly discussed and coordinated possible reactions to different cost increases. There are indications that the initial infringements date back as far as 2001. In some years percentage rates of increase for freight rates were agreed. Furthermore, in several years the companies agreed on the introduction or increase of various surcharges on the basic freight rate, such as a diesel surcharge or a toll surcharge, different incidental charges, mutual settlement rates in cases were an order was fulfilled in collaboration with an FCDS competitor and, in 2014, the so-called "Hamburg traffic congestion surcharge".

The concerted practices were agreed in the context of FCDS general meetings as well as in other communications between FCDS members. Not all of the FCDS member companies participated in all aspects of the practices objected to and for the whole duration of the infringement.
The Bundeskartellamt initiated investigations after the FCDS members had announced in a joint statement in April 2014 that they intended to introduce a "Hamburg traffic congestion surcharge". After the announcement had become the subject of several media reports and antitrust concerns had been voiced, most of the companies involved revoked the announcement that same month.

All the companies listed above, the individuals responsible and the FCDS agreed to have the proceedings terminated by settlement. Several companies cooperated with the Bundeskartellamt in clarifying the facts of the case and were granted a reduction of their fines in line with the authority's lenience programme. With the exception of one case, the fines imposed are all final. The fine decision that is not yet final can be appealed to the Düsseldorf Higher Regional Court.