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Samskip protects its rights and comments on the competition case

23.3.2016

Following an investigation of the Netherlands Competition Authority (ACM) in the coldstorage sector, ACM has decided to fine the companies involved in the investigation.This being Kloosbeheer which is the parent company of Kloosterboer, Daalimpex, Kloosterboer IJmuiden and Van Bon (now named H&S Coldstores). 


Both Daalimpex and Kloosterboer IJmuiden are now owned by Kloosbeheer. Total fines are EUR 12,5 million and Kloosbeheer are fined EUR 9,6 million out of that.

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 coldstorage in the Netherlands. During the four years Samskip was shareholder of Kloosterboer IJmuiden, Johan Kloosterboer was the managing director of Kloosterboer IJmuiden, but also remained involved in his family company.  Both Kloosbeheer and Johan Kloosterboer have admitted the offences and paid fines.

Samskip becomes part of this situation having been owner of Kloosterboer IJmuiden and Johan Kloosterboer being the managing director of the company at that time. Kloosterboer IJmuiden is fined for EUR 1,4 million but due to the fact that a single company (Kloosterboer Ijmuiden) cannot be fined more than 10% of its turnover, Samskip as parent company is 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 decision of the ACM. Samskip does not agree with the ACM that it can be held liable for the anticompetitive behaviour of the Kloosterboer family. During the time that Samskip was shareholder of Kloosterboer IJmuiden, Samskip was not in any way involved in the anticompetitive behaviour of Kloosterboer IJmuiden and its managing director and it had no knowledge of such behaviour. Kloosbeheer, the former and current owner of Kloosterboer IJmuiden, was aware of the anti-competitive behaviour at all times and expressly consented to it.

Next to appealing the decision of the ACM, the attorneys of Samskip are preparing a lawsuit against Kloosbeheer and its managing director and the Kloosterboer family company for all damages Samskip has suffered due to their behaviour.


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