Competition Law And Shipping

Author : Antonis Antapassis,Lia Athanassiou,Erik Rosaeg
Publisher : BRILL
Page : 416 pages
File Size : 43,7 Mb
Release : 2009-05-06
Category : Law
ISBN : 9789047427414

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Competition and Regulation in Shipping and Shipping Related Industries by Antonis Antapassis,Lia Athanassiou,Erik Rosaeg Pdf

Focusing on competition as an economic phenomenon, this book comparatively and comprehensively examines private arrangements in the liner and the bulk sector, the liberalization of sabotage and port services, indirect competition-distorting factors and the latest developments on international regulation of carriage of goods by sea.

Author : Alla Pozdnakova
Publisher : Kluwer Law International B.V.
Page : 494 pages
File Size : 40,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127174

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Liner Shipping and EU Competition Law by Alla Pozdnakova Pdf

As of October 2008, liner shipping companies lose their privileged status under EU competition law due to withdrawal of the liner conference block exemption, which generously authorized horizontal price-fixing and similar agreements between liner shipping companies. Where the liner consortia block exemption does not apply, all cooperative activity should be carefully and individually assessed under the competition provisions of the EC Treaty. Alla Pozdnakova has taken this opportunity to research and write an in-depth study of competition law problems in the liner shipping context. Her analysis is not only the first to examine the new European regime, and thus the most up-to-date study of the subject; it is in fact the first major independent study of how Articles 81 and 82 EC are construed and applied to the market conduct of liner shipping companies. In particular, the author addresses the following legal questions: * Does cooperation between liner shipping companies infringe Article 81(1) even if it does not entail hard-core restrictions of competition? * Can a cooperative arrangement between liner shipping companies claim that the efficiencies they produce outweigh the negative impact on competition (Article 81(3))? * When do certain market strategies of liner carriers become an abuse of a collective or individual dominant position (Article 82)? * Does parallel pricing behaviour infringe EC Treaty competition rules? Systematically, the author considers various market strategies of liner shipping companies and tests them as to their compatibility with EC Treaty competition provisions. In doing so, she thoroughly analyses European Commission decisions and judgments of the European courts, applying them authoritatively to the liner shipping sector. In this way, her book provides a well-structured account that clearly identifies the legal issues that liner shipping companies are likely to face once the special treatment traditionally allowed them is withdrawn. A summary of current and prospective developments in EU competition regulation and policy in liner shipping rounds up the analysis. Liner Shipping and EU Competition Law will be a unique and powerful resource for practitioners and policymakers as liner shipping companies restructure their agreements and market strategies to accommodate loss of the block exemption. It is also sure to become a definitive analysis of the legal identity of the liner shipping market sector under European competition law.

Author : Antōnios M. Antapasēs,Athanassiou,Lia I. Athanassiou,Erik Røsæg
Publisher : Martinus Nijhoff Publishers
Page : 417 pages
File Size : 40,7 Mb
Release : 2009
Category : Law
ISBN : 9789004173958

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Competition and Regulation in Shipping and Shipping Related Industries by Antōnios M. Antapasēs,Athanassiou,Lia I. Athanassiou,Erik Røsæg Pdf

Maritime competition as an economic phenomenon is currently influenced by a number of factors both at EU and international level. From a legislative point of view, the recent repeal of EC Reg. 4056/1986 affects the treatment of horizontal agreements not only in the liner but also in the bulk sector, which was excluded until recently from the scope of EC secondary competition rules. However, competition distortions are not only a question of private arrangements. They emanate also from measures and practices incompatible with the freedom to provide services, Member states protectionism and international mandatory regulation. This volume comparatively and comprehensively examines all these issues, by bringing together contributions from distinguished academics. Particular focus is given on private shipping cartels, the liberalization of cabotage and port services, indirect competition-distorting factors and the latest developments on international regulation of carriage of goods by sea.

Author : Philippe Corruble
Publisher : Bruylant
Page : 151 pages
File Size : 48,9 Mb
Release : 2021-03-04
Category : Law
ISBN : 9782802769866

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EU Competition Law applicable to liner shipping and seaports by Philippe Corruble Pdf

In twenty years, the globalization of trade has led to a change in scale that has upset the balance of power between the players in online containerized maritime transport and the logistics chain passing through European seaports. Three global shipping alliances dominate 90% of online containerized maritime transport, while further integrating port activities. Twelve Asian ports, eight of which are Chinese, are now among the top fifteen in the world. At the same time, Chinese interests, supported by public authorities and resources, are taking control of terminals and port companies in Europe, as part of the geopolitical project of the New Silk Roads. This economic and industrial context is emblematic of the challenges facing European competition law, which has so far accompanied rather than controlled these transformations. European competition rules will have to be mobilized in a global context, alongside the new rules on the control of foreign direct investment. This study takes stock of the new regulatory challenges in this sector of prime importance for the Union.

Author : Hongyan Liu
Publisher : Springer Science & Business Media
Page : 329 pages
File Size : 46,5 Mb
Release : 2009-09-24
Category : Law
ISBN : 9783642038754

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Liner Conferences in Competition Law by Hongyan Liu Pdf

A liner conference, as a self-regulation organisational form of liner shipping companies, constitutes a typical "hard-core cartel" with significant anti-competitive effect. One of the main three trade routes of liner shipping traffic is the Europe-Asia Trade, on the two ends of which both the European Community (EC) and the People’s Republic of China (PRC) play important roles in the international liner shipping market. However, the competition regimes on liner conferences in both jurisdictions are not equivalent. From a comparative point of view, this book reviews the historical development of maritime policy and regulatory legislation in the EC and the PRC, catches insight into the system of regulation regime and individual provisions in substantive and procedural meaning, and finally provides a wide-ranging perspective on the future competition regulation in respect of the latest developments in both jurisdictions.

Author : Philip Wareham,Vincent Power
Publisher : Cameron May, Limited
Page : 330 pages
File Size : 40,8 Mb
Release : 2010-01-01
Category : Antitrust law
ISBN : 1907174028

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Competition Law and Shipping by Philip Wareham,Vincent Power Pdf

"This is the first book to focus specifically on the impact of EU competition law on the shipping industry since the industry became subject to the full weight of competition law and lost immunity for liner conferences in October 2008. It contains a detailed critique of the European Commission's guidelines on the application of Article 81 of the EC Treaty to maritime transport services, dealing with such issues as the jurisdictional reach of EU law, the rules to be applied in defining the relevant product or geographical markets, the legality of information sharing agreements between competitors and the correct analysis to be applied to pooling agreements in the tramp shipping sector. However, the book is not limited to the maritime guidelines but examines a broad range of competition law issues affecting affecting all sectors of the maritime industry, including ports"--Provided by publisher.

Author : P. Aspden
Publisher : Maklu
Page : 260 pages
File Size : 50,8 Mb
Release : 1995
Category : Law
ISBN : 906215476X

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Shipping Law Faces Europe by P. Aspden Pdf

Author : Ioannis K. Voudouris
Publisher : Unknown
Page : 312 pages
File Size : 41,7 Mb
Release : 2020
Category : Antitrust law
ISBN : 9606540863

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Maritime Alliances and EU Competition Law by Ioannis K. Voudouris Pdf

Author : Vincent Power
Publisher : Taylor & Francis
Page : 1996 pages
File Size : 43,8 Mb
Release : 2018-12-19
Category : Law
ISBN : 9781317234111

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EU Shipping Law by Vincent Power Pdf

A previous winner of the Comité Maritime International’s Albert Lilar Prize for the best shipping law book worldwide, EU Shipping Law is the foremost reference work for professionals in this area. This third edition has been completely revised to include developments in the competition/antitrust regime, new safety and environmental rules, and rules governing security and ports. It includes detailed commentary and analysis of almost every aspect of EU law as it affects shipping.

Author : Luis Ortiz Blanco,Ben van Houtte
Publisher : Oxford University Press on Demand
Page : 288 pages
File Size : 53,9 Mb
Release : 1996
Category : Political Science
ISBN : 019826089X

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EC Competition Law in the Transport Sector by Luis Ortiz Blanco,Ben van Houtte Pdf

EC Competition Law in the Transport Sector provides an in-depth overview of the European competition rules to the transport sector. It provides a summary of the developments leading to the graduate extension of these rules to transport during the last decade. The book gives details of thedifferent substantive rules regarding restrictive agreements, dominant positions and mergers which apply to shipping, to aviation, and to inland transport. It explains the procedures which givern enforcement of EC competition rules and indicates how these differ from the usual procedures applied bythe European Commission. The authors have both been closely involved in the development of the Commission's practice in this area and are therefore able to provide an in-depth up-to-date discussion of all relevant issues.

Author : Mark Clough,Fergus Randolph
Publisher : Lexis Law Publishing (Va)
Page : 704 pages
File Size : 44,8 Mb
Release : 1991
Category : Business & Economics
ISBN : UVA:35007000252456

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Shipping and EC Competition Law by Mark Clough,Fergus Randolph Pdf

Author : Luis Ortiz Blanco,Ben Van Houtte
Publisher : Oxford University Press, USA
Page : 520 pages
File Size : 54,6 Mb
Release : 2017-02-23
Category : Law
ISBN : 0199671079

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EU Competition Law and Regulation in the Transport Sector by Luis Ortiz Blanco,Ben Van Houtte Pdf

EU Competition Law and Regulation provides an in-depth analysis of the EU regulation of the various transport modes, and of the EU competition rules in the transport sector. The text gives details of different substantive rules regarding, on the one hand, liberalization and regulation of transport markets and operations; and, on the other, restrictive agreements, dominant positions, and mergers, which apply to shipping, to aviation, and to inland transport. In addition to illustrating the procedures which govern enforcement of EU competition rules,and indicating how these differ from the usual procedures applied by the European Commission, this new edition addresses the recent emergence of a regulatory framework for different transport modes. The editors and authors have all been closely involved in the development of the Commission's practice in this area and have provided a detailed contemporary discussion of all relevant issues.

Author : Andrew Chamberlain (Lawyer),Holly Colaço,Richard Neylon
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2023
Category : Electronic
ISBN : 1804491721

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The Shipping Law Review by Andrew Chamberlain (Lawyer),Holly Colaço,Richard Neylon Pdf

Author : Vincent Power
Publisher : Unknown
Page : 170 pages
File Size : 46,9 Mb
Release : 1994
Category : Law
ISBN : UVA:35007001443542

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EC Shipping Law by Vincent Power Pdf

Author : Luis Ortiz Blanco
Publisher : Bloomsbury Publishing
Page : 698 pages
File Size : 49,7 Mb
Release : 2007-06-26
Category : Law
ISBN : 9781847313652

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Shipping Conferences under EC Antitrust Law by Luis Ortiz Blanco Pdf

Liner conferences are among the oldest surviving cartels in the world. Created in the 1870s they have existed since on all the world's shipping routes. With the approval or tacit acquiescence of governments everywhere, they fix freight rates, control capacity and share markets. The United Nations Code of Conduct for Liner Conferences (1974) granted them global recognition and prompted the European Community to recommend Member States to join the Convention on the Liner Code (1979) and to grant them the most generous and extraordinary block exemption from EC antitrust rules ever (1986). The European Commission's administration of the block exemption has clarified some of its aspects and, to a certain extent, limited its scope; but until very recently, it has not questioned the appropriateness of the exceptionally lenient treatment of liner shipping cartels in the European Union. After a report by the OECD Secretariat (2002) recommending abolition of antitrust immunity for shipping cartels in member countries, the European Commission launched a review of the block exemption (2003) which has led to its repeal (2006). This book studies first the origins, the early history and the regulation of liner conferences in the world and in the European Community, focusing in particular on the Regulation which granted a block exemption to liner conferences. Then, it examines one by one the four conditions for a block exemption to be granted under EC law, and concludes that none of them is fulfilled by shipping cartels. Finally, it proposes some alternative scenarios and solutions for the adequate enforcement of antitrust law in the maritime sector once the block exemption has been repealed.