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ACM: no anticompetitive concerns over agreement on employment in Rotterdam harbor

The Netherlands Authority for Consumers and Markets (ACM) thus far does not have any anticompetitive concerns over the ‘Employment security agreement for the container sector in Rotterdam’. The objective of this agreement is to prevent forced layoffs as much as possible as a result of automation in the industry. This Employment security agreement contains several temporary measures such as seconding or temporarily hiring workers, and expanding a program for older employees (called SHFR), where they are able to stay in the same job but work fewer hours.

Employment security agreement

The most recent expansion of the Rotterdam harbor (called Maasvlakte 2) is now home to new and highly-automated container terminals. These are likely to reduce employment compared with the ‘old’ container terminals. Three container terminals, three logistics providers, the unions, and the Port of Rotterdam have agreed on taking temporary measures to reduce as much as possible the forced layoffs in the container sector. These measures in the Employment security agreement have not been fleshed out sufficiently enough in order to conduct a careful competition-law assessment. However, as long as the temporary measures are fleshed out in line with the objective of the Employment security agreement, ACM does not see any reason to take action.

Education and enforcement

‘Ports and transport’ is one of ACM’s key priorities. ACM seeks to offer more clarity about competition rules by sitting down with key stakeholders, educating them about competition rules, and taking enforcement actions.

ACM caused some commotion in the harbor community last year, when it announced it would keep a closer eye on the ports and transport sectors. ACM’s increased attention reportedly led to more caution among businesses in their collaborations. ACM then indicated that it wished to provide more clarity, and subsequently invited the sector to give ACM examples. ACM has explained that the Dutch Competition Act does not stand in the way of these kinds of social initiatives. The Employment security agreement is the first topic that the Port of Rotterdam has submitted as a concrete example to ACM, and which ACM has commented on.