Anti-Competitive Behaviour

Total number of legal action for anti-competitive behaviour, anti-trust, and monopoly practices and their outcomes.

CNCo takes all these practices very seriously and requires both its employees and its contractors the highest ethical standards, as described in its Code of Conduct (“CoC”). We are pleased to report that, as in 2012, in 2013, CNCo was not involved in any legal actions for anticompetitive behaviour, anti-trust, and monopoly practices.

Details of our rigorous internal regime for making employees aware of our Code of Conduct and its contents are contained in section SO8: Compliance.

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Whilst CNCo planned in 2013 to enhance its auditing of its suppliers to ensure their compliance with the Supply Chain Sustainability CoC, this target was not achieved. We expect this to be developed into a more robust and formal system in 2014.

One area where we have been especially particular to avoid any possibility of accusations of anti-trust type commercial collusion is at the biannual meetings of the members of the Sustainable Shipping Initiative. Whilst the meetings are not convened to discuss any issues of commercial relevance to any of the members whatsoever, the text of an anti-trust statement is formally read to all members at the beginning of every meeting as a reminder.

The anti-trust statement reads:

ABN AMRO, ABS, AkzoNobel, Bunge, Cargill, Carnival, China Navigation Co/SWIRE, DNV (Det Norske Veritas), Gearbulk, IMC, Lloyd’s Register, Maersk Line, Namura Shipbuilding Corporation, Rio Tinto, U-Ming Marine Transport Corporation, Unilever, Wartsila, WWF and Forum for the Future are members of the Sustainable Shipping Initiative, working towards the Vision 2040, and intend to cooperate in full compliance with the antitrust and competition laws of the United Kingdom, the European Union, and other applicable jurisdictions. The companies recognise that these laws are intended to promote and protect free and open competition and agree that their conduct in furtherance of the Vision 2040 will be consistent at all times with this objective.

In adherence to this principle, the companies acknowledge and agree that in any meetings or other discussions between or among members of the group, the following subjects will not be discussed:

  • Current or future prices charged by a company
  • Current of future costs of products or services to a company
  • Price-related data or practices of individual companies, including but not limited to discounts, advertising terms, terms of payment or credit, marketing practices, sales practices, bids or bid practices, warranty terms, profitability or other profit-related information
  • Individual company production plans, costs, timelines, levels or quantities of production
  • Refusal to deal with any competitor, supplier, or customer
  • Allocation of markets, territories or customers between or among the companies
  • Endorsements of individual companies, products or services
One area where we have been especially particular to avoid any possibility of accusations of anti-trust type commercial collusion is at the biannual meetings of the members of the Sustainable Shipping Initiative.