NYK and Mitsui OSK to Settle Long-Running UK Pricing Fixing Allegations
Two of Japan’s leading shipping companies and operators of car carriers have agreed to settle a long-running case in the UK that alleged the major shipping companies worked as a cartel to fix prices and collude in vehicle shipment contracts. The UK case is similar to other complaints brought in jurisdictions around the globe, which all found the car carriers had colluded to set global pricing.
Most of the cases had been brought by regulators, including the European Union, which in 2018 fined the shipping companies €395 million for price fixing and bid rigging for their RoRo operations. The UK case, however, was brought as a class action on behalf of the car buyers. Lead attorney and class representative Mark McLaren estimated in 2000, when the case began, that it was valued at £150 million.
McLaren hailed the proposed settlement with NYK and MOL, saying the system had given both “consumers and businesses an effective and fair route to recover monies owed as a result of cartel behavior that they could never pursue on their own.”
All told, it is estimated that over a decade between October 2006 and September 2015, 17 million new vehicles were involved. All the major car and truck brands, including Ford, Vauxhall, Volkswagen, Peugeot, BMW, Mercedes-Benz, Nissan, Toyota, Citroen, and Renault, were reported to have been subjected to the higher shipping prices.
Mitsui OSK and NYK had gone to trial in January 2025, with the decision still pending from the nine-week trial. McLaren, who was assisted by Scott + Scott UK LLP, reported today, December 11, that the car companies, however, have agreed to a settlement. It reported that NYK and MOL would pay a total of £54 million ($72.3 million) to settle the charges that the companies had coordinated rates, allocated tenders, and managed capacity in the industry. The companies were also charged with exchanging commercially sensitive information to maintain or increase the price of intercontinental shipping of new vehicles.
“This settlement marks a significant milestone for UK consumers and businesses that paid higher shipping fees for new purchased or leased vehicles as a result of the cartel as it concludes the litigation and guarantees them significant compensation,” said Cian Mansfield, Managing Partner of Scott+Scott UK. “This case is groundbreaking as it is the first time damages will be distributed to UK businesses under the opt-out regime. We are delighted that five years of hard work on behalf of the class has paid off.”
The UK case was brought against MOL and NYK as well as “K” Line (Kawasaki Kisen Kaisha), WWL/EUKOR (Wallenius Wilhelmsen Group), and CSAV (Compañía Sud Americana de Vapores). CSAL settled the charges in December 2023, agreeing to pay £1.5 million, and the other two agreed to settle in June 2024, with “K” Line paying £24.5 million and WWL/EUKOR paying £13.25 million.
The UK’s Competition Appeal Tribunal is set to convene on January 15, 2026, to consider and approve the settlement with MOL and NYK. McLaren highlights that when the case is completed, it will have achieved a total settlement of £92.75 million ($124 million) for the consumers and businesses impacted by the price fixing.