Following an investigation of the Netherlands Competition Authority into the Dutch cold storage sector, ACM has fined Kloosbeheer (the parent company of Kloosterboer), Daalimpex, Kloosterboer IJmuiden and Van Bon (currently conducting business as H&S Coldstores).
Both Daalimpex and Kloosterboer IJmuiden are now owned by Kloosbeheer. Total fines amount to EUR 12.5 million, of which Kloosbeheer has been fined EUR 9.6 million.
Samskip was an intermittent owner of Kloosterboer IJmuiden, having purchased the company from Kloosbeheer, the Kloosterboer family company, in 2005 and selling it back to the family in 2009. Kloosbeheer is a company active in cold storage in the Netherlands. During the four years Samskip owned Kloosterboer IJmuiden, Johan Kloosterboer served as it managing director, while also remaining involved in his family company.
Kloosterboer IJmuiden was fined for EUR 1.4 million, but due to the fact that a single company (Kloosterboer Ijmuiden) cannot be fined more than 10 percent of its turnover, Samskip as parent company was made liable and has to pay the difference of EUR 901,000, having been the parent company at the time of the infringements.
Samskip has already appealed the ACM decision, as it does not agree that it can be held liable.
“During the time that Samskip was shareholder of Kloosterboer IJmuiden, it was not in any way involved in the anti-competitive behavior of Kloosterboer IJmuiden and its managing director, and it had no knowledge of such behavior,” according to the company’s press release.
In addition to appealing the ACM decision, Samskip attorneys are preparing a lawsuit against Kloosbeheer as well as its managing director and the Kloosterboer family company in an attempt to recover damages incurred that are related to this case.
Notice to readers: This story is based on a news release issued by Samskip BV. Founded in Iceland in 1990 and headquartered in the Netherlands, the company is a global logistics specialist that offers transport of temperature-controlled and ambient cargo and related services by land, sea, rail and air.
