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Q4-14
What should we be careful about when companies in the same industry agree to freight rates, freight capacity of the vessel allocated or other business items based on customer instructions?
A4-14
If companies in the same industry agree to freight rates, rotation and freight capacity of the vessel allocated, or other business items based on customer instructions and the agreement is strictly in line with the consumer’s instruction, then it would not be considered as forming a cartel in terms of the relation with the customers. If changes are made based a vague customer instructions or just a verbal instruction, then there is a possibility that a customer could afterward claim that he or she did not make any such instruction. Also, if such a business agreement based on a customer’s instruction were to affect relations with other customers, then the possibility of a cartel forming in terms of the relations with other customers could not be denied.
Therefore, in order to avoid the risk of this being identified as a cartel, when a customer provides such instruction, rather than immediately starting discussions with other companies in the same industry to make any agreement, it is necessary to first make clear and maintain evidence that the customer is participating. Specifically, have the customer submit the instruction in writing to “K” Line or receive the instructions in writing from the customer. When a meeting is held with other companies in the same industry concerning freight rates, freight capacity of the vessel allocated, or other business items, having the customer also attend the meeting and recording the customer’s attendance in the minutes of the meeting to the extent possible is one way to maintain evidence of the customer’s participation.
(会話)
You told us to do it!
I never said that. You all did it on your own.
(中央の人の声)
Eh!
No way!
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