Deposited the dispositive second of sentence of the REGIONAL ADMINISTRATIVE COURT for the Latium that cancels the provision of the Antitrust against agents and shippers



Yesterday the device of sentence of the first section of the Regional administrative court for the Latium is deposited that receives the resource introduced from six Italian marine agencies (CSA, K-Linen Italy, CMA CGM Italy, Coscon Italy, Gastaldi & C. and Marine Agency Prosper) and from the Association Mediating Raccomandatari Agents Marine Agents Airplane of Genoa (Assagenti) in order to ask the cancellation for the pronunciamento of the Guarantor Authority of the Competition and Market (AGCM) that it fined 15 marine agencies and the associations of the shipping agents and the genoese shippers accusing them to have place in existence a restrictive understanding of the competition ( of the 16 and 26 March 2012). The sentence device is analogous to that deposited last week with which the REGIONAL ADMINISTRATIVE COURT for the Latium it had received the resource introduced from others six marine agencies and the association of the Spediporto shippers for the cancellation of the provision on February 22, 2012 of the Authority Antitrust ( on 24 October 2012).

"The device of sentence of the REGIONAL ADMINISTRATIVE COURT - the president of Assagenti has commented, Gian Enzo Duci - does not contain to our nothing warning of eclatante. The Antitrust has managed the event in superficial and rough way, demonstrating to have groundbreaking the matter and it little not to have comprised to full load. This sentence puts again our association in condition of being able to operate, without to question own role of I confront and dialogue between the companies for the defense of the common interests. I hope that the associates, that they are forced to give resignation because of the provision of the Antitrust, today have a motivation in more in order entering than new to take part of Assagenti".

Remembering that the investigation on the fixed rights was begun in June the 2010 as a result of signalling to the Antitrust by Maersk, to which then was Hapag-Lloyd addition, the association of the genoese shipping agents has explained that the defense of trade associations and the involved marine agencies has been concentrated on the definition of the fixed rights, that they represent a residuale part of the transport costs, not able - has emphasized Assagenti - to provoke market distortions. The recurrent ones have refused the thesis of the second AGCM which was in the presence of a horizontal agreement, stipulated from concurrent marine agencies that operate to the same level of the distribution chain, and has demonstrated that the understanding on the fixed rights was of vertical nature, agreed between two trade associations who operate to a different level of the logistic chain.

The decision of the Antitrust - it has specified Assagenti - had moreover not considered that the agreement in question was returned manifest in more public occasions and therefore did not satisfy requirement of secrecy relative to chargeable attitudes.

"This pronounces of the REGIONAL ADMINISTRATIVE COURT of the Latium - it has found the president of Spediporto, Roberta Oliaro - gives back dignity to the job of the associations confirming, hopes clearly, the full legality and legitimacy of a enforced agreement between our categories since far away 1956. We now attend to read the motivations so to comprise in completed way pronounces it that sure it will have travelled over again, receiving them, the articulate and punctual defenses on which they have worked, optimally, our lawyers".