On 17 November 2022, the Competition and Consumer Commission of Singapore issued an Infringement Decision against four warehouse operators for engaging in anti-competitive agreements in violation of section 34 of the Competition Act 2004, and imposed a total financial penalty of close to S$3 million.
Specifically, the four warehouse operators, namely CNL Logistics Solutions Pte. Ltd., Gilmon Transportation & Warehousing Pte. Ltd., Penanshin (PSA KD) Pte. Ltd. and Mac-Nels (KD) Terminal Pte. Ltd. were found to have engaged in price fixing conduct by imposing in a coordinated manner an additional charge known as the “FTZ Surcharge” for warehousing services at Keppel Distripark. The FTZ Surcharge is a surcharge imposed on import cargo stored within the Free Trade Zone by warehouse operators.
This Update discusses this important case touching on cartel behaviour, the exchange of information, and importantly, the careful consideration of whether and when to plead leniency and with what.
For more information, click here to read the full Legal Update.
