ACM: maritime sector is allowed to build vessels with a reduced burden on the environment

The maritime sector is allowed to make arrangements to improve the sharing and reusing of data between businesses and other organizations. This collaboration seeks to accelerate the development, construction, and operation of vessels with a reduced burden on the environment. The Netherlands Authority for Consumers and Markets (ACM) has come to the conclusion that this initiative of the Dutch Maritime Network (in Dutch: Stichting Nederland Maritiem Land, and hereafter: NML), which is part of the Maritime Master Plan (in Dutch: Maritiem Masterplan), is compatible with the competition rules. The plan focuses on the development of vessels that are equipped with, among other components, powertrains based on hydrogen, methanol, or LNG with carbon capture. Improved collaborations lead to knowledge-sharing and innovation, and, in that way, contribute to the realization of climate goals and a resilient economy.

Martijn Snoep, Chairman of the Board of ACM, explains: "Collaborations are sometimes necessary for the realization of major social tasks. ACM offers much scope to initiatives that contribute to sustainability and a resilient society. If businesses have any questions about this, they can contact us informally. We are ready to discuss any questions."

Improved collaborations

Market participants in the maritime sector, such as shipbuilding companies, suppliers, and shipping companies, often have different digital systems and methods. In addition, there is no secure and trusted manner for exchanging digital data with one another. As a result, collaborations in the digital domain do not always take place optimally.

In order to improve collaborations, NML wishes to make sector-wide arrangements regarding sharing and reusing data securely and efficiently, from the design and construction of the ships to the operation and maintenance thereof. For example, think of the use of the same specification of ship lengths and data formats that can be used by different shipbuilders in their own IT-systems. The exact arrangements will be worked out further in the development phase.

Informal guidance: ACM does not have any objections

ACM has informally assessed the initiative regarding the collaborations in accordance with the Policy Rule regarding ACM’s oversight of sustainability agreements, and does not have any objections. ACM sees that the initiative contributes to the acceleration of the energy transition and the realization of climate goals.

ACM sees opportunities for organizing the collaboration in such a way that competition is not restricted. The market participants involved will not make any anticompetitive arrangements, for example arrangements regarding prices or quality. The arrangements do not go beyond what is necessary. In this case, ACM finds the following aspects important:

• Participation is open to all relevant organizations
• Participation is on a voluntary basis
• Participants (current and potential) are not technically excluded from access to the data
• Measures have been taken for preventing the exchange of competition-sensitive information
• The process itself and the results are transparent, and
• The arrangements have been based on the best available knowledge in the sector.

ACM therefore does not expect the initiative to lead to price increases, quality reductions, restrictions to innovation, or exclusion of market participants. Since the collaboration solves a problem that the market itself does not address, the initiative can actually contribute to innovation, quality improvements, and more-efficient processes.

Strengthening resilience

Not only does the Maritime Master Plan help make the maritime sector more sustainable, the initiative can also help realize various resilience objectives. By stimulating the development of vessels using alternative energy sources, the dependence on fossil fuels is reduced. In addition, secure data exchanges contribute to the protection of national and European security interests. Also, the initiative can help in keeping relevant knowledge and production capacity within the Netherlands and Europe.

For ACM, sustainability and resilience are important topics. International conflicts, climate change, and dependencies on non-European companies increase the importance of having a resilient society. Within the competition rules, there is much scope for collaborations that contribute to sustainability and resilience, as long as such collaborations do not unnecessarily harm competition. If businesses have any questions about this, they can contact ACM by sending an email to acm-post [at] acm [punt] nl.