The Australian Antitrust has inflicted a fine of about 20 million dollars to Japanese company NYK



The Australian Competition & Consumer Commission (ACCC) have decided to apply to an Australian endorsement of 25 million dollars (USA 20 million dollars), that it is according to amount of a fine more never elevated inflicted from the Australian authority antitrust, regarding the shipowning society Japanese Nippon Yusen Kaisha (NYK).

The decision is assumed as a result of an investigation that has assessed the role of the Japanese company which part of a trust with other companies of navigation in the segment of the transport of motor vehicles in Australia in period 2009-2012. The investigation involves also the shipowning company Japanese Kawasaki Kisen Kaisha ("K" Linens) regarding which they are still in course assessments relatively to its presumed participation to the trust.

The ACCC has specified that the trust was active at least from February 1997 in the import in Australia of coming cars from Asia, the United States and Europe on behalf of primary automotive houses between which Nissan, Suzuki, Honda, Toyota and Mazda.

"The Australian community - it has emphasized the president of the ACCC, Rod Sims - entrusts itself completely to the import of motors vehicle, for which it has aroused much worry that a trust in the field of the transport of these vehicles in Australia operated from so along time. The fine to the NYK - it has specified Sims - is also the second one more never elevated tax in the within of the Competition and Act Consumer and includes a meaningful reduction in price that takes note of the admissions and the collaboration of the NYK". On July 18, 2016 the Japanese company in fact had admitted own guilt in front of the Federal Court. The endorsement - it has specified the judge Michael Andrew Wigney - "includes a total reduction in price of 50% legacy to the admission of guilt of the NYK and to its passage and future assistance and cooperation".

The Australian Antitrust has explained that in a case as this the maximum endorsement is calculated on the base of 10% of the annual turnover recorded from the NYK for its activities with Australia in the 12 months precedence the beginning of the crime and that, on such base, the maximum fine applicable to the Japanese company would have been of 100 million dollars.

"The sentence inflicted today to the NYK from the Federal Court - it has emphasized Sims - turns a severe warning to the field and the entrepreneurial community in its complex. The Attorney General's Office and the ACCC can and will be able pursue penal practical of trust. Moreover it evidences that it can be demonstrated forgiveness regarding the parts that in the starting phases are engaged to cooperate with the authorities".

"The endorsement inflicted to the NYK - it has added the judge Wigney - would have to send to a fort message to the multinational corporations that carry out activity in Australia with regard to the fact that an anti-competitive conduct will not be tolerated and will be hit with hardness".