A proposed infringement decision has been issued against four warehouse operators for price-fixing of warehousing services at Keppel Distripark.
This update was published as part of our quarterly newsletter, Asia Pacific Competition Highlights. Click here to access the full report, which covers the most notable antitrust developments across nine Asia Pacific jurisdictions.
A proposed infringement decision has been issued against four warehouse operators for price-fixing of warehousing services at Keppel Distripark. On 16 March 2022, the Competition and Consumer Commission of Singapore (CCCS) issued a Proposed Infringement Decision (PID) against four warehouse operators (the "Parties") for infringing Section 34 of the Competition Act 2004, by engaging in anti-competitive coordination to fix the price of warehousing services at Keppel Distripark. The CCCS's investigations revealed that from 15 June 2017 to 19 November 2019, the Parties imposed an identically named and priced "FTZ Surcharge", which was charged to their customers for the provision of warehousing services for import cargo. This was done pursuant to communications between the Parties, in between 15 and 16 June 2017. The CCCS found that the Parties knowingly substituted the risk of price competition in favour of practical competition.
The Parties have been provided six weeks from receipt of the PID to make representations to the CCCS, before the CCCS issues its decision.
The CCCS's media release on the PID reinforces that such price-fixing conduct, by its very nature, is harmful to competition, and businesses should independently decide on their pricing strategies.
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