Investigation into breach of antitrust rules in the Norwegian salmon “spot sales” market
We have been informed that an international law firm, specializing in claims for cartel damages, is offering businesses a free initial assessment of whether they have been affected by a particular suspicious cartel.
This is the cartel case being investigated by the European Commission and concerns violation of its antitrust regulations in the “sales spot” market of Norwegian salmon, farmed in the Atlantic.
The European Commission is concerned that, between 2011 and 2019, six Norwegian salmon producers, Cermaq, Grieg Seafood, Bremnes, Lerøy, Mowi, and SalMar, exchanged commercially sensitive information, relating to sales prices, available volumes, sales volumes, production volumes, and production capacity, as well as other price-setting factors.
Through information from various market players, the European Commission identified concerns in the market for Norwegian Atlantic farmed salmon ‘spot sales’ in the EU and carried out inspections in February 2019 as part of a so-called ‘ex officio’ investigation. Subsequently, the Commission sent a Statement of Objection to the six suspicious companies, in which it informed the parties involved of the objections raised against them. The public document can be found in the EU press release entitled “Objections to six companies in farmed Atlantic salmon cartel (europa.eu).” These parties have the opportunity to examine the evidence, reply in writing, and request an oral hearing. If, following this procedure, the Commission finds sufficient evidence of an infringement, it can adopt a decision prohibiting the conduct and imposing a fine of up to 10% of a company’s annual worldwide turnover.
Since the case is still ongoing and the European Commission has not reached a Decision, we suggest to our member companies to monitor the development of the case, number AT.40606 and to be aware of any developments in case they cooperate with any of the above producers through the relevant Commission website, before deciding to take any legal measures.
