NMa Confirms Prohibition on Cartel Agreements in the Shrimp Fishery Industry
Following an administrative appeal, the Netherlands Competition Authority (NMa) has confirmed that 11 parties in the shrimp fishery industry infringed the Dutch and European prohibition on cartels. The fines imposed earlier on eight producers' organisations of shrimp fisheries and three wholesalers have been reduced. The fines imposed on five smaller shrimp wholesalers have been withdrawn. The total amount of the fines following the administrative appeals has been reduced to EUR 6.176 million (from EUR 13.781 million).
At the beginning of 2003, NMa imposed fines on eight shrimp wholesalers, four Dutch and three German producers' organisations, and one Danish producers' organisation for entering into prohibited agreements on catch quotas and prices for North-Sea shrimps in regular consultations between Dutch, German and Danish producers' organisations and wholesalers (the so-called Trilateral Consultation). The Dutch producers' organisations and traders were also fined for obstructing the entry to the fish auction of a new wholesaler. This evidence was upheld in the administrative appeal, except in relation to five smaller shrimp wholesalers.
The fines imposed on the five smaller shrimp wholesalers were withdrawn because it appeared in the administrative appeals procedure that NMa could not prove with sufficient certainty that these traders had actually participated in the prohibited agreements and the exclusion of the new trader. The five traders are: Van Belzen B.V. (previously fined EUR 782,000), L. Kok International Sea Food B.V.(previously fined EUR 222,000), Lou Snoek Volendam B.V. (previously fined EUR 184,000), Mooijer Volendam B.V. (previously fined EUR 100,000) and Matthijs Jansen B.V. (previously fined EUR 68,000).
NMa has upheld the fines imposed on the other three wholesalers (Heiploeg, Klaas Puul & Zoon and Goldfish) because their involvement in the prohibited agreements and the exclusion of the wholesaler was confirmed in the administrative appeal. The fines will be reduced because the parties provided new evidence at the administrative appeal stage with regard to the turnovers on which the fine was based. This turnover, namely the procurement of North-Sea shrimps, proved to be much lower than was previously assumed.
The fines of the eight producers' organisations were also reduced, again on the basis of new turnover data. The fact that producers' organisations were given the impression that the government was not averse to measures aimed at limiting the supply of shrimps was also taken into account. As in the original decision to impose fines, NMa also took into account the financial position of the producers' organisations involved.
Fines for the following amounts have been set:
Heiploeg B.V. EUR 1,662,000 (previously fined EUR 5,090,000)
Klaas Puul & Zoon B.V. EUR 1,129,000 (previously fined EUR 2,090,000)
Goldfish B.V. EUR 428,000 (previously fined EUR 1,236,000)
PO Vissersbond EUR 797,000 (previously fined EUR 909,000)
PO Delta Zuid (previously PO West) EUR 374,000 (previously fined EUR 396,000)
PO Texel EUR 35,000 (previously fined EUR 48,000)
PO Wieringen EUR 425,000 (previously fined EUR 522,000)
German association of POs Schleswig-Holstein EUR 499,000 (previously fined EUR 826,000)
German PO Weser-Ems EUR 445,000 (previously fined EUR 737,000)
German PO Elbe-Weser EUR 125,000 (previously fined EUR 206,000)
Danish PO Danske Fiskeres EUR 257,000 (previously fined EUR 365,000)