ITD has exchanged illegal information with its members
25. februar 2009
On 25 February 2009 the Danish Competition Council (DCC) has decided on a case concerning exchange of information by an association of undertakings which had as object to restrict competition. The case regards the Danish Freight Transport Association, International Transport Danmark (ITD), which has created and published (i) a pre-fulfilled cost calculating program for freight transport by road, (ii) a cost forecast for freight transport by road, (iii) a specific rate for waiting hours and (iv) has continuously recommended the transportation companies pass on specific oil-related costs to the members’ customers.
The DCC has decided that the exchange of information by ITD has as its object to restrict competition by coordinating the conduct of the members and thereby unifying member’s prices.
The relevant markets are defined as 1) a market for domestic transportation services and 2) a market for international transportation services on routes or network of routes to and from Denmark and a foreign country. The exchange of information thereby influences competition between member states.
ITD is the largest association for Danish transport companies transporting freight by road, mainly cross-border. Only Danish companies can be members of ITD. ITD has approximately 420 members, which all together has around 7,000 lorries. The members have 25 percent of the international freight permissions issued in Denmark, and 16 percent of the national freight permissions.
The assessment of the question whether ITD has acted in conflict with section 6 of the Danish Competition Act and Article 81 in the EC-Treaty has led to the conclusion that the object of ITD’s conduct by providing the above mentioned information to its members was to unify prices and thereby restricting competition. In continuation hereof, the DCC found that the information provided by ITD to its members conflicts with section 6 of the Danish Competition Act and Article 81 in the EC-Treaty.