The world's two biggest container shipping companies, AP Moeller-Maersk and Mediterranean Shipping Co, are seeking to end a European Union anti-trust probe without paying any fines, three people with knowledge of the case said.
The European Commission said in November last year that the companies and some of their rivals might have been illegally orchestrating price rises for European routes since 2009 that were issued via press releases and on their websites, reported Reuters.
Supermarkets, chemical companies and other sectors are monitoring the case because they fear that public announcements about future prices and strategic plans could inadvertently put them in the anti-trust crossfire. Such practices are common in many industries.
The sources said that, in addition to the Danish company Maersk and Switzerland-based MSC, also the world's No. 3 CMA CGM, Taiwan's Evergreen Marine, South Korean No. 2 Hyundai Merchant Marine and some Japanese peers are also keen to put the case behind them.
"The companies are in preliminary discussions with the European Commission now," said one of the sources, who declined to be named because there is no final decision yet.
The people said the companies could offer concessions to allay competition concerns under the commission's commitment procedure, which means no finding of infringement and no fine.
Any concessions would be subjected to feedback from third parties before the commission accepts them. The sources said it was possible a decision could come in October just before the end of European Competition Commissioner Joaquin Almunia's mandate.
AP Moller-Maersk spokesman and world No. 5 Hapag Lloyd declined to comment. CMA CGM also declined to comment. MSC could not immediately be reached for comment. The Asian companies could not be reached outside of office hours.
Commission spokesman for competition policy, Antoine Colombani, declined to comment.
A commitment decision would not help companies that are uncertain about whether public price announcements are legal or not, Catriona Hatton, partner at law firm Baker Botts, said.
"A commitment would not be so much a landmark decision as it would not set a legal precedent and guide for the future. For the companies concerned, it would be preferable as it means time saved and no infringement finding," she said.
AP Moller-Maersk, MSC, CMA CGM, Japan's largest container shipping company Nippon Yusen Kaisha, Korean No. 1 Hanjin Shipping, Hyundaierchant Marine, Evergreen Marine and Hapag Lloyd confirmed the EU investigation last year.
Sources told Reuters that China Shipping Container Lines, Cosco, Mitsui OSK Lines, OOCL (Orient Overseas Container Line), United Arab Shipping Co and Israeli company ZIM Integrated Shipping are also in the EU probe.
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