Press Release: Competition: Commission fines 14 companies a total of EUR 266.717 million for price fixing of road bitumen in the Netherlands

The European Commission has found that 8 suppliers and 6 purchasers of road bitumen in The Netherlands participated in a cartel from 1994 to 2002 to fix prices in violation of the EC Treaty competition rules’ ban on restrictive business practices (Article 81). These 14 companies have been fined a total of €266.717 million. Bitumen suppliers (BP, Esha, Klöckner Bitumen, Kuwait Petroleum, Nynäs, Shell, Total and Wintershall) and construction companies (Ballast Nedam, Dura Vermeer, Heijmans, Hollandsche Beton Groep (now part of Koninklijke BAM Groep), Koninklijke BAM Groep and Koninklijke Volker Wessels Stevin) fixed the gross price of all road pavement bitumen sold in the Netherlands, and agreed uniform minimum rebates for the construction companies that were cartel members, and a smaller maximum rebate for all other road builders. This restricted price competition and disadvantaged smaller road building companies. Shell and KWS had their fine increased as they began and led the cartel. Shell’s fine was also increased for being a repeat offender. KWS’s fine was also increased for having tried to obstruct the Commission’s investigation.

European Commission: DG Communication: MEMO/06/324 http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/06/324&format=HTML&aged=0&language=EN&guiLanguage=en

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