Eu Competition Law Applicable To Liner Shipping And Seaports

Author : Philippe Corruble
Publisher : Bruylant
Page : 151 pages
File Size : 54,7 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 : Alla Pozdnakova
Publisher : Kluwer Law International B.V.
Page : 494 pages
File Size : 51,8 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 : Philip Wareham,Vincent Power
Publisher : Cameron May, Limited
Page : 330 pages
File Size : 50,9 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 : 47,6 Mb
Release : 1995
Category : Law
ISBN : 906215476X

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Shipping Law Faces Europe by P. Aspden Pdf

Author : Antōnios M. Antapasēs,Athanassiou,Lia I. Athanassiou,Erik Røsæg
Publisher : Martinus Nijhoff Publishers
Page : 417 pages
File Size : 55,5 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 : Hongyan Liu
Publisher : Springer Science & Business Media
Page : 329 pages
File Size : 46,8 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 : E. van Hooydonk
Publisher : Maklu
Page : 544 pages
File Size : 49,7 Mb
Release : 2003
Category : Law
ISBN : 9062158048

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European Seaports Law by E. van Hooydonk Pdf

In 2001, the European Commission published its so-called Ports Package, a first attempt at developing a European policy for seaports. The Ports Package includes a Directive on Market Access to Port Services, which will influence the port industry thoroughly and lead to fundamental changes in daily port operations. In this volume, academics as well as practising lawyers from France, Ireland, Italy and Belgium describe the legal framework for the several branches of the port sector, recalling the far-reaching practical implications of existing general EU law and discussing the latest versions of the Port Services Directive proposal. Completed by authoritative views from the head of the Commission's ports unit, a specialist MEP, and representatives from both the public and the private port sector, this book offers a fairly complete overview of existing port law as well as the main points of concern in the policy debate. Its purpose is to serve both as a policy background document and as a working tool for public and private port players, as well as for academics and lawyers.

Author : Rafael Amaro
Publisher : Bruylant
Page : 353 pages
File Size : 44,9 Mb
Release : 2021-06-10
Category : Law
ISBN : 9782802770299

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Private Enforcement of Competition Law in Europe by Rafael Amaro Pdf

This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.

Author : Vincent Power
Publisher : Unknown
Page : 170 pages
File Size : 41,9 Mb
Release : 1994
Category : Law
ISBN : UVA:35007001443542

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EC Shipping Law by Vincent Power Pdf

Author : Felix Dinger
Publisher : Peter Lang Pub Incorporated
Page : 207 pages
File Size : 44,6 Mb
Release : 2004-01
Category : Competition, Unfair
ISBN : 0820465763

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The Future of Liner Conferences in Europe by Felix Dinger Pdf

Purpose of this study is to establish whether or not it is necessary to exempt liner conferences from the regular mechanisms of European competition law by means of a group exemption. The main proposition of the author is that there is no need to allow liner conferences to engage in joint price fixing activities, with the consequence, that the corresponding exemption should be terminated. A first argument to that effect is that liner conferences constitute oligopolies and are harmful from an economic point of view. Secondly, the author concludes from an interpretation of the requirements laid down in Art. 81 III EC that the block exemption for liner conferences embodied in Art. 3 Regulation 4056/86 cannot be reconciled with the EC Treaty. Finally, the author looks at recent changes in U.S. antitrust policy on the issue of price fixing in the liner shipping industry as an aid to develop a future strategy for the European legislator on the issue of liner conferences."

Author : Vincent Power
Publisher : Taylor & Francis
Page : 1996 pages
File Size : 44,5 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 : Marco Casagrande
Publisher : Springer
Page : 114 pages
File Size : 54,7 Mb
Release : 2017-07-11
Category : Law
ISBN : 9783319603964

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Seaports in International Law by Marco Casagrande Pdf

This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.

Author : Stephen Pettit,Anthony Beresford
Publisher : Kogan Page Publishers
Page : 577 pages
File Size : 44,7 Mb
Release : 2017-12-03
Category : Business & Economics
ISBN : 9780749474331

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Port Management by Stephen Pettit,Anthony Beresford Pdf

Port Management looks at the numerous types of business interactions that occur at active ports. These include cooperating with other ports, coordinating deliveries with ships, overseeing port development, advertising and promotion, and enforcing security and environmental protection initiatives. Including research, practical insights and case studies, this book looks at quantitative methods and market analysis, maritime logistics, port planning and pricing, and commercial law. Port Management covers all the main aspects of management, administration and policy, and fills existing gaps in the literature in this area. Edited by two leading academics who have conducted research for the Department of Transport and the United Nations, this text is international in scope and includes research-based findings from a global team of contributors. It provides fascinating insights into the geography, economics, politics and trade involved in port management. Online supporting resources include lecture notes, lesson plans and PowerPoints.

Author : Luis Ortiz Blanco,Ben Van Houtte
Publisher : Oxford University Press, USA
Page : 520 pages
File Size : 43,7 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 : Jones, Christopher,Weinert, Lisa
Publisher : Edward Elgar Publishing
Page : 1680 pages
File Size : 50,9 Mb
Release : 2021-12-14
Category : Law
ISBN : 9781802203462

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EU Competition Law Volume II: Mergers and Acquisitions by Jones, Christopher,Weinert, Lisa Pdf

This book is a Claeys and Casteels title, now formally part of Edward Elgar Publishing. With extensive updating in the decade since the publication of the second edition, and written by the key Commission and European Court officials in this area, as well as leading practitioners, the third edition of this unique title provides meticulous and exhaustive coverage of EU Merger Law.