The superseding indictment, unsealed on Monday (18
May) by the US District Court for the Northern District of California, charges
CIMC, Singamas Container Holdings, Dong Fang International Containers and CXIC
Group Containers with conspiring to restrict output and fix prices of standard
unrefrigerated shipping containers from as early as November 2019 to at least
January 2024, in violation of the Sherman Antitrust Act.
One executive, Vick Nam Hing Ma, a marketing
director at Singamas, was arrested in France on April 14 and his extradition to
the United States is pending. Six co-defendants remain at large, including
Singamas chairman and CEO Siong Seng Teo and CIMC’s former president and CEO
Boliang Mai. Teo is one of the best-known names in Singapore shipping, having
headed up the Singapore Shipping Association for many years as well as
controlling Pacific International Lines (PIL), the world’s twelfth largest containerline.
He was also a member of parliament in Singapore for five years through to
2014.
According to the indictment, the conspiracy began in earnest on November
14, 2019, when executives from CIMC, Dong Fang and CXIC met at CIMC’s
headquarters in Shenzhen and agreed to restrict production by limiting shifts
and hours on dry container production lines. To police compliance, the
so-called cartel installed 87 surveillance cameras across 49 production lines.
A financial penalty mechanism was established to punish any member that
exceeded its agreed output quota. Singamas joined the arrangement by at least
March 2020. The effect on prices was dramatic. CIMC’s container manufacturing
profits rose from $19.8m in 2019 to $288m in 2020 and $1.75bn in 2021. Singamas
swung from a $110m net loss in 2019 to a $186.8m profit in 2021. “Global price-fixing cartels strike at the
heart of our economic liberty,” said Omeed Assefi, acting assistant attorney
general of the Justice Department’s Antitrust Division. “The defendants held
hostage the world’s supply of ocean shipping containers during the covid
pandemic when our supply chains needed it the most. They stole from everyday
Americans who paid more and waited longer for vital goods as a result.”
A Sherman Act violation carries a maximum penalty
of 10 years in prison and a $1m criminal fine for individuals, and up to $100m
for corporations, with fines potentially doubled if gains or losses exceed the
statutory maximum.
The indictment follows a lengthy investigation involving the FBI, the US
Postal Service Office of Inspector General and the General Services
Administration Office of Inspector General, with French authorities assisting
in securing Ma’s arrest. The US action
arrives against a backdrop of heightened regulatory scrutiny of the container
shipping industry on both sides of the Pacific.
Earlier this month, China’s Ministry of Transport fined nine
international container shipping lines and seven NVOCCs for breaches of its
container freight-rate filing rules, following port inspections carried out at
Guangzhou, Qingdao and Ningbo in the second half of 2025. The lines named
included MSC, CMA CGM, Hapag-Lloyd, Ocean Network Express, Evergreen Marine,
Wan Hai Lines, SM Line, Emirates Shipping Line and TS Lines.