ACM stops its anticartel investigation in bunker sector

The Netherlands Authority for Consumers and Markets (ACM) has ended its anticartel investigation in the bunker sector in the Amsterdam – Rotterdam – Antwerp triangle. Although it was established that, between 2011 and 2014, discussions about a price-fixing agreement were held, it did not result in an actual cartel agreement. However, ACM does believe that this kind of conduct raises anticompetitive concerns. Last year, ACM received reports about the bunker sector through the police and the Dutch Public Prosecution Service (OM). Based on those reports, an investigation was launched. ACM conducted several dawn raids, and sat down with the sector. ACM has informed the companies involved about the decision to stop the investigation.

NOVE

ACM sat down with trade association NOVE. After all, bunkering companies did hold discussions about the desirability of price-fixing agreements. Not all bunkering companies agreed to this idea, which is why the cartel failed to materialize. ACM made clear that this sequence of events was very close, but also that ACM is glad that they chose the only option that was right. Trade association NOVE told ACM that, over the past few years, it has taken measures to improve compliance with competition rules among its members. ACM’s investigation has demonstrated the need for that. NOVE sees ACM’s investigation as a wake-up call for the entire bunker sector. NOVE will devote attention to compliance on a permanent basis.

Ports and transport

The ports and transport sector is a major and critical sector of the Dutch economy. In fact, the port of Rotterdam is Europe’s largest bunkering port, and it is in the top three worldwide. The storage of marine gas oil and fuel oil (bunkering) is a market where a lot of money is involved.

In the port sector, too, fair competition leads to competitive prices, better quality, and more innovation. For some time now, ACM has devoted a great deal of attention to companies in the ports and transport sector. Healthy competition in the ports improves the competitiveness of Dutch companies, also outside the Netherlands.

ACM creates opportunities and options for businesses and consumers

Having a healthy economy is a cornerstone of our welfare and well-being. ACM helps create that healthy economy by ensuring that markets function well. In well-functioning markets, consumers are able to buy their products and services with confidence. Consumers and businesses must have sufficient choice, and must be able to make well-informed choices. ACM oversees businesses to ensure they compete fairly, and it prevents abuses of market power, particularly in regulated sectors. ACM protects consumers against misleading practices, and educates consumers and businesses about their rights and obligations.

Notify ACM of a cartel

Are you thinking of confessing your involvement in a cartel or of reporting one? Please contact ACM via our website or by calling +31-70-722-2000 (option 2).