Last week the Competition Authority and the Market (AGCM) has announced that it had imposed sanctions for more than 76 million to 19 companies operating in the field of international shipments by land to have restricted competition by agreeing on price increases to practice to customers. Such anti-competitive practice - said the anti-trust authority - has been implemented in over five years, from March 2002 to autumn 2007, a period during which 22 companies, including multinationals, have met to agree price increases, thanks to the active role played by Fedespedi, the professional federation.
"The investigation - announced the Antitrust Authority - has proved the existence of intensive consultation: companies and the Association have agreed on continuing increases in prices or their components by at least 20 meetings, a large number of email contacts and intensive communication class and outside. During the meetings were exchanged information on costs (in particular, reflected on the price of fuel and tolls and the cost structure of foreign participants) and above are agreed amount and terms of higher prices. Once the decisions taken, were sent by businesses and Fedespedi circular to member associations and press releases were carried out to facilitate the request for price increases to contractual counterparties. In this way, even companies not participating in meetings organized within the association, could continue to behave consistently with the concerted mode of action. "
According to the Antitrust Authority, "the agreement has completely altered the competitive dynamics: firms, increases in demand, started from a common basis for discussion and could rely on the reasonable assurance that competitors would not have started a price war, but On the contrary, increases were also adopted. Similarly, they knew to deal with counterparties - the increases being felt by the press - were aware of a general upward trend in prices and, therefore, were less aggressive in rejecting the increases, being aware that any threat to turn to another provider of international shipping would not be particularly effective. Emerges from the documents underlying the investigation that the companies aimed to increase the price very high: only by reference to data made public, the goal was an increase between March 2002 and December 2006, amounting to almost 50% ".
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The companies sanctioned and the amount of any penalties
Part
Penalty (€)
Fedespedi
103,207
Agility
139,790
Albini & Pitigliani
8,477,792
Brigl
942,900
Northern Cargo
152,915
DHL Express
6,642,510
DHL Global Forwarding
198,701
Francesco Parisi
24,955
Gefco
3,159,440
Geodis Wilson
12,087,364
I-Dika
239,470
Italmondo
324,465
Italsempione
12,480,000
ITK Zardini
793,840
ITX Cargo
127,260
Rhenus
3,233,194
Saima
23,632,950
Sittam
3,215,742
Vidale
347,200
Villanova
159,973
Total
76,483,668
The sign was identified by the Antitrust Authority was formed between companies Agility, Albini & Pitigliani, Alpine Valley, Brigl, North Cargo, DHL Global Forwarding, DHL Express, Francesco Parisi, GEFCO, Geodis Wilson, I-Dika, Italmondo, Italsempione, ITK Zardini, ITX Cargo Rhenus, Saima, Schenker, Sittam, Spedipra, Villanova and Armando Vidale, and has participated with an active organizational role, although the association Fedespedi. The Competition Authority stated that the company Schenker, a subsidiary of Deutsche Bahn, which has applied for clemency by helping to identify the cartel, has not benefited from the imposition of the sanction. Also in relation to Alpine Valley and Spedipra were prescribed the Authority's powers to impose sanctions.
"During the reporting period The investigation - said the Antitrust still - all the major industry players have taken part in the consultation continuously since 2002. Some companies, in addition to having participated in the cartel for a period longer than the other, were particularly active in ensuring the stability of the sign: it is Agility, Albini, bridles, DHL, Italsempione, Saima, who Schenker and Vidale constituted "the core" of the cartel.First Schenker, DHL and Agility, and then, however, led by their statements, the intervention of the Authority, in particular, to Schenker, which has enabled the discovery of the cartel and to "aim" of the inspections has been recognized as the ' immunity. For Agility and DHL, which confirmed and strengthened the framework of evidence provided by Schenker, the Authority has recognized the reduction of the sanction, respectively around 50% and 49%. For its cooperation, the reduction of the sanction, the extent of 10%, it was decided also to society Sittam. "
The Competition Authority stressed that, in the determination of other fines, it is "taking account of the budget, degree of participation in the cartel and keeping the collaboration during the investigation. In the case of Fedespedi - said the Antitrust Authority - has been considered the aggravating and recurrence of the offense. Conducted similar to those alleged nell'istruttoria were, in fact, already been the subject of proceedings which ended in March 1993. "
"The Italian Antitrust Authority started leniency program - said the president of the Competition, Antonio Catricalà - demonstrates that you can defeat anti-competitive cartels.It is good for competition but also for companies that agree to cooperate. The benefits to companies that report cartels, bringing evidence to the Authority, are bearing fruit. In the case involving shippers, we accepted the four requests for clemency made, taking into account the timing and course of their probative value. Overall, companies that have cooperated with the Antitrust Authority have saved approximately 40 million euros in terms of non-sanction: the firm alone has had the full exemption would have risked a fine of about 31 million. "
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