EU serves forwarders on price-fixing probe
EU serves forwarders on price-fixing probe
The European Union on Tuesday said it has sent a number of prominent freight forwarding companies a Statement of Objections relating to a price-fixing investigation of their air freight forwarding activities.
The investigation is primarily focused on alleged collusion between the companies on airfreight surcharges assessed from the U.K., from Europe to the U.S., and from China and Hong Kong to Europe. The probe reached a crescendo when the offices of a number of prominent forwarders, including Panalpina, Kuehne + Nagel, CEVA (formerly known as EGL), Expeditors, UTi Worldwide and Schenker, were raided in October 2007.
A Statement of Objections is a formal step in commission antitrust investigations in which it informs the parties concerned in writing of the objections raised against them.
'The commission is investigating allegations that these companies fixed prices by colluding on the imposition, level, timing and application of various surcharges, in breach of Article 101 of the (Treaty on the Functioning of the European Union),' the EU said.
The EU is working with the U.S. Justice Department and the Swiss Competition Commission on the investigation. The Australian and Canadian governments were also involved but have closed their investigations.
European logistics giants Panalpina and Kuehne + Nagel confirmed on Wednesday that they were served with the notice.
'This document contains the European Commission’s preliminary view with respect to alleged anticompetitive behavior in the freight forwarding industry,' Panalpina said in a statement. 'Panalpina will closely examine the commission’s preliminary findings and will respond in due time. The Statement of Objections enables the addressees to respond to the commission’s preliminary findings and does not prejudge the final decision of the European Commission (which is subject to appeal to the European courts).
'It is not possible to predict the outcome of these proceedings at this stage. They may, however, result in material penalties being imposed on Panalpina entities. It is Panalpina’s policy to conduct its business in full compliance with all applicable laws in all jurisdictions in which it conducts its business.'
Kuehne + Nagel said it 'will examine the Statement of Objections, will respond in due course and reserves its right to exhaust legal remedies.'
