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DOJ Indicts Chinese Container Makers and Executives for Pandemic-Era Price Fixing

Prosecutors say the firms cut output to raise container prices, a move that could prompt extraditions, criminal penalties or large corporate fines.

Overview

  • The Department of Justice unsealed a superseding indictment on Tuesday, May 19 charging four Chinese container manufacturers and seven executives with conspiring to restrict production and fix prices during the COVID-19 era.
  • The indictment says the scheme began as early as November 2019 and was formalized by a written agreement in March 2020, using tactics such as limiting shifts, installing video surveillance to police quotas, banning new factories and imposing penalties for overproduction.
  • One defendant, Singamas marketing director Vick Nam Hing Ma, was arrested on April 14 in France and is awaiting extradition to the United States, while the other six executives remain at large.
  • Prosecutors allege the conspiracy roughly doubled standard container prices from 2019 to 2021, affected about $35 billion of global commerce and produced dramatic profit gains for the companies named in the case.
  • The case highlights how extreme market concentration — prosecutors say the firms account for about 95 percent of standard dry-container output — raises enforcement and diplomatic questions and has already prompted stock moves and regulatory scrutiny of the industry.