ITALY's top administrative court, the Council of State, has rejected anti-trust authorities' EUR4.1 million (US$5.6 million) fine for price fixing levied against 15 liner shipping agencies and two trade associations.
Agencies charged were APL Italian Agency, Agenzia Marittima Prosper, Agenzia Marittima Le Navi, CSA, China Shipping Agency Co, CMA CGM Italy, Coscon Italy, Gastaldi & Co, Hapag-Lloyd Italy, "K" Line Italy, Medmar, Paolo Scerni, Thoss Carr & Son, Yang Ming Italy and Zim Italia.
It all began when two industry associations covering the port of Genoa and 15 shipping agents were fined by the anti-trust authorities for having made a deal to fix the rates, reported Lloyd's List.
This included the preparation and issue of documents, such as bills of lading for exported goods and delivery orders for imported goods, known as fixed duties.
But the Regional Administrative Court of Lazio ruled against the anti-trust authorities and more recently the case was taken to the Council of State, where it was again rejected.
The shipping agency association, Assagentil, and the forwarder group, Spediporto, applauded the ruling.
Said Assagenti president Gian Enzo Duci: "The judgment of the administrative court of Lazio had left little doubt about the legitimacy of this agreement, accepting all the reasons presented by our lawyers."
Said Spediporto general manager Giampaolo Botta: "The administrative court of Lazio was already clear on the subject. We are pleased with the work carried out by the administrative justice."
The case first began in 2009 when Maersk Italia, which was not fined because it had turned informer and provided prosecutors evidence. Hapag-Lloyd's fine was also halved because it too informed on the rest.
The 15 shipping agents and two associations agreed that the duties paid by the forwarders to the shipping agents for compiling paperwork in Genoa came under an agreement between Assagenti and Spediporto.
But they argued that the duties contained with this agreement were recommended by an Assangenti committee and then negotiated by Assangenti with the counterparty, in this case Spediporto.
They said that the two parties that entered into the agreement - Spediporto and Assangenti - had a competitive relationship because one represented a group selling a service and the other a group buying a service.
WORLD SHIPPING
25 May 2014 - 19:22
Over zealous Italian regulators reined in by two courts
ITALY's top administrative court, the Council of State, has rejected anti-trust authorities' EUR4.1 million (US$5.6 million) fine for price fixing levied against 15 liner shipping agencies and two trade associations.
WORLD SHIPPING
25 May 2014 - 19:22
Over zealous Italian anti-trust regulators reined in by two courts
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