ACM is regulator, insists Rotterdam

Following the start of an investigation into price fixing at Netherlands and Belgium ports, Port of Rotterdam said regulatory action of this kind is “a task for the ACM.”

The world’s third largest bunkering port told Port Strategy that the investigation into a potential cartel, which centres on shipping fuel companies operating in the Amsterdam, Rotterdam and Antwerp ports, is “not its prime responsibility” but that of the Netherlands Authority for Consumer and Markets (ACM), which is following up on information received from the Dutch police and, according to the Financial Times, a number of raids.

Port of Rotterdam stated: “ACM are the authority on these kind of rules. If they have any doubt about compliance on rules and regulations with competition, with companies that are based in our harbour, they are allowed to investigate that.

“The Port of Rotterdam is of course in favour of compliance and rules and regulations. The same goes for competition. Our authorities have to do their job and we trust in the authorities.”

The port explained it does act as an intermediary between the ACM and all the companies operating in the harbour to discuss the reasons behind the rules and regulations of competition and what is expected of companies to ensure they don’t breach the rules.

“We do help both parties to get into a dialogue and more in touch with each other – companies get to voice their questions and the ACCM can say what is good and what is bad,” it stated.

The Financial Times last week reported: “In December, Dutch authorities looked into the Dutch port and transport sector and discovered there was a lack of knowledge about cartels and competition rules.”

The Port of Rotterdam told Port Strategy it was not aware of any rulebreaking before the ACM announced its investigation, however, it pointed out the information the ACM had acquired was “not normal information” it or the companies active in its port would have access to.

It added: “If we have information that is a signal for other authorities to investigate we would share that, but we don’t know everything on a day to basis.

“There are at least 100 companies active in the port of Rotterdam so we’re not in a position that we check them everyday. That’s why we have other authorities like the police, the environmental authoritiy and the competition authorities.

“We do have a relationship with every company in the Port of Rotterdam but we don’t know everything that happens there.”

Competition officials launched the “cartels never go unnoticed” campaign in May to raise awareness of cartels, educate about competition rules and encourage tips.

According to the FT, an ACM spokesperson said the campaign “specially targeted companies in the harbour as there is a risk.”

ACM has previously commissioned a university study which found that there is a bigger chance of breaching rules and regulations in harbours and in logistics, however the Port of Rotterdam stated it doesn’t believe the report points to issues solely in the Port of Rotterdam.

If individuals or companies are found to have breached ACM rules, the organisation can fine or impose restrictions and compulsory steps to address an issue.