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April 19, 2006

Bundeskartellamt imposes fines against furniture transporters in the US army removal trade

The Bundeskartellamt has imposed fines totalling 2.4 million Euros against six small and medium-sized haulage contractors on account of price agreements. In the case of three of the companies involved the Bundeskartellamt has applied its Leniency Programme as a mitigating measure in calculating the level of the fines.

In 2001 and 2002 the companies had agreed prices for removal services for US soldiers under the deployment programme of the US military authorities. The price agreements applied to the packing of personal effects and their transport to a store, from where they were shipped by sea to the USA by other service providers. For their services the companies involved agreed a minimum rate and undertook not to offer their services to the prime contractors commissioned by the military authorities with the overall removal at a price lower than agreed.

The Bundeskartellamt had initiated the cartel proceedings in 2002 after tip-offs. In parallel proceedings the American antitrust authorities had opened investigation proceedings against the prime contractors operating in the USA and imposed fines totalling more than 10 million Dollars. The President of the Bundeskartellamt, Ulf Böge, stated: “For the first time in the Bundeskartellamt’s history German and American antitrust authorities have simultaneously carried out searches and cartel proceedings both in the USA and Germany. This case shows the international dimension of cartels and the need for increased cooperation with competition authorities at international level."

Some of the orders to impose the fines are final. Three of the accused companies have filed appeals against the fines at the Düsseldorf Higher Regional Court.