WRITTEN QUESTION P-1453/02

by Georg Jarzembowski (PPE-DE) to the Commission

(15 May 2002)

Subject: Port of Helsingborg abuse of a dominant position concerning fees

In 1996 (filed at the beginning of 1997) two complaints were lodged alleging abuse of a dominant position by the port of Helsingborg towards two of its users. The companies had been charged higher fees by the port authorities. One of the users decided to pay the charged fees, while the other decided to reduce the amount to 50 % of what they had been charged and are still being charged.

In July 2001 Mr Stenmarck MEP addressed the Commissioner in charge, Mr Mario Monti, asking about the progress so far and when to expect a decision. Mr Monti replied that the complaints would have been under active investigation, having been given top priority since they were filed. He referred to the opening of the Öresund bridge in July 2000, which, in his opinion, had changed the markets significantly and made it more difficult to determine the market situation. However an indication of time or a possible outcome could not be given on his part(1).

The situation appearing now and throughout the whole period of time is that the port of Helsingborg and the two companies do not have the possibility of getting a realistic overview of their financial situations. The amount of fees being withheld by one of the companies has grown to EUR 30 000 000 plus interest. In particular, the new market situation, in the form of fiercer competition as a result of the Öresund bridge opening, makes it even more necessary to come to a quick decision because all participants in the dispute need clarity about their terms of competition and their competitiveness. The main interest is thus to clarify the situation after seven years of proceedings.

In view of these points, the Commission is asked to answer the following questions:

- what is the current status of the Commission's investigation concerning the dominant position abuse of the Port of Helsingborg?

- What actions despite a seven year processing period and taking Commissioner Monti's statement into account that this matter was given top priority will be taken by the Commission in the immediate future?

- When does the Commission expect to get a definitive result on this issue?

(1) Question H-0535/01 oral reply, 3.7.2001.

Answer given by Mr Monti on behalf of the Commission

(17 June 2002)

The Honourable Member refers to complaints by two ferry-operators alleging an abuse of a dominant position by the Port of Helsingborg consisting of excessive and discriminatory pricing. This case has been considered by the Commission from the outset as being important, notably because of the importance of transportation of passengers and goods between Sweden and Denmark. Since the complaints were submitted, substantial information has been requested and obtained from all parties involved to establish the facts. As the Member of the Commission responsible for Competition indeed explained before the Parliament in June 2001 (Oral Question H-0535/01 during question time at Parliament's July 2001 session), the case is very complex both in terms of facts and law.

The Commission is actively pursuing the investigation as it is fully aware of the consequences of the situation on the parties (the port and the ferry operators). The Commission has recently carried out a further round of fact-finding, which included meetings with all the parties involved in the context of a visit in the port of Helsingborg on 4-5 March 2002.

As regards the timetable in this case, the Commission has already indicated to the parties, that if proceedings were opened, or alternatively, if preliminary steps were taken to reject the complaint, then the present estimates are that the Commission could be in a position to propose that a decision be adopted in this case by the end of 2002.