The logistics sector comprises a broad range of complementary services within the same value chain, including transportation, warehousing, distribution, terminal operations, cargo services, freight forwarding and last-mile delivery. With the growth of digitalisation, e-commerce and integrated logistics services, companies increasingly compete or cooperate not only with businesses operating in the same field, but also with undertakings active at different levels of the value chain.
Against this background, joint operations between competing transport companies, capacity sharing, exchanges of price and cost information, sharing of customer-related commercial data, agency relationships, exclusivity provisions and conditions governing access to certain infrastructure may be relevant from a competition law perspective. Where a company holds a strong position in relation to a port, terminal or other critical infrastructure, access conditions and conduct in adjacent markets may also require assessment under the rules governing abuse of dominance. The Turkish Competition Board's publicly available decision concerning the Port of Antalya provides one example of how port services and related logistics activities may be assessed from this perspective.
KFD Consulting evaluates competition law risks across different levels of logistics companies' activities, from day-to-day commercial practices to strategic collaborations. Particular attention is given to defining appropriate boundaries for contacts with competitors, structuring joint operating models, reviewing distributor and agency agreements, and controlling flows of competitively sensitive information. The objective is to establish a workable balance between the operational realities of the sector and the requirements of competition law.