Competition Markets Authority
Case Timetable
| Date | Action |
|---|---|
| 5 August 2022 | CMA commitments decision published and case closed |
| July 2022 to August 2022 | Consideration of consultation responses and decision on whether to accept commitments |
| 13 June 2022 to 4 July 2022 | Commitments consultation period |
| 13 June 2022 | Consultation opened on commitments proposed by DFDS A/S and P&O Ferries Holdings Limited |
| April 2022 to June 2022 | Initial investigation into the agreement continuing, including further review and analysis of information gathered |
| March 2022 | Decision to proceed with the investigation |
| November 2021 to March 2022 | Initial investigation: information gathering, including issue of formal or informal information requests. CMA analysis and review of information gathered |
| 11 November 2021 | Investigation opened |
Decision to accept binding commitments
On 5 August 2022, the CMA published its decision to accept commitments from DFDS A/S and P&O Ferries Holdings Limited that address the CMAs competition concerns regarding a capacity sharing agreement for driver-accompanied freight shipments on the Dover-Calais route.
On 13 June 2022 the CMA announced that it was giving notice of its intention to accept commitments in this investigation, and consulted on that. In the notice the CMA explained that the agreement provides a turn up and go function for freight customers at the Dover and Calais ports, allowing them to take the next available ferry regardless of which of the two operators they booked with. The agreement aims to reduce overall journey times and congestion at ports for freight customers, while also potentially providing broader benefits for supply bottlenecks and the wider economy.
To address the CMAs concerns that certain aspects of the agreement might prevent, restrict or distort competition, the companies offered to commit to the CMA to:
-
not agree with one another the number of sailings that each company operates;
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put strict limits on the number of sailings that they may cancel; and
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amend the agreement to make clear that it does not fix the amount of freight customers that either company may carry.
Having carefully considered the representations it received from interested third parties in response to its notice of its intention to accept the commitments, the CMA decided to accept such commitments, subject to an additional obligation on the parties: the parties agreed to appoint a monitoring trustee to oversee compliance with the commitment regarding the cancellation of sailings.
Formal acceptance of commitments by the CMA brings the investigation to an end, with no decision being made as to whether or not the Competition Act 1998 has been infringed.
- (5.8.22)
Consultation on commitments
On 13 June 2022, the CMA published a notice of intention to accept commitments offered by DFDS A/S and P&O Ferries Holdings Limited and invited representations from interested third parties. The CMA will consider any representations made in response to the consultation before making a final decision on whether or not to accept the proposed commitments.
- (13.6.22)
- Press release: CMA secures offer of commitments from P&O Ferries and DFDS (13.6.22)
Case Information
11 November 2021: The CMA launched an investigation under Chapter I of the Competition Act 1998 into an agreement between P&O Ferries Holdings Limited and DFDS A/S to share capacity with respect to driver-accompanied freight shipments on the Dover-Calais route.
Notes
- The investigation is under Chapter I of the Competition Act 1998.
- The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any party under investigation. Not all cases result in the CMA issuing a statement of objections.
- The CMA will consider any representations it receives before any decision is taken as to whether competition law has in fact been infringed.
- Further detail of the CMAs investigation procedures in Competition Act 1998 cases is available in CMA8.
- Changes to the timing of original entries in the case timetable will be made if the estimated timing changes.
Personal data
The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018.You can find more information about how the CMA handles personal information in the CMAs Personal Information Charter.
Contacts
- Assistant Director: Paul Dean (0203 738 6693, Paul.Dean@cma.gov.uk)
- Director: Brian Jackson (0203 738 6546, Brian.Jackson@cma.gov.uk)
- Senior Responsible Officer: Michael Grenfell (0203 738 6134, Michael.Grenfell@cma.gov.uk)