Shipping Conferences Under Ec Antitrust Law

Shipping Conferences under EC Antitrust Law PDF Book Detail:
Author: Luis Ortiz Blanco
Publisher: Bloomsbury Publishing
ISBN: 1847313655
Size: 27.45 MB
Format: PDF
Category : Law
Languages : en
Pages : 696
View: 1866

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Book Description: 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and solutions for the adequate enforcement of antitrust law in the maritime sector once the block exemption has been repealed.

Liner Conferences In Competition Law

Liner Conferences in Competition Law PDF Book Detail:
Author: Hongyan Liu
Publisher: Springer Science & Business Media
ISBN: 3642038751
Size: 13.99 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 314
View: 5512

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Book Description: 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.

Competition And Regulation In Shipping And Shipping Related Industries

Competition and Regulation in Shipping and Shipping Related Industries PDF Book Detail:
Author: Antōnios M. Antapasēs
Publisher: Martinus Nijhoff Publishers
ISBN: 9004173951
Size: 73.78 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 403
View: 5073

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Book Description: 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.

Liner Shipping And Eu Competition Law

Liner Shipping and EU Competition Law PDF Book Detail:
Author: Alla Pozdnakova
Publisher: Kluwer Law International B.V.
ISBN: 9041127178
Size: 80.96 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 466
View: 2918

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Book Description: 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.

Eu Shipping Law

EU Shipping Law PDF Book Detail:
Author: Vincent Power
Publisher: Taylor & Francis
ISBN: 1317234111
Size: 60.91 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 1842
View: 194

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Book Description: 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.

Market Power In Eu Antitrust Law

Market Power in EU Antitrust Law PDF Book Detail:
Author: Luis Ortiz Blanco
Publisher: Bloomsbury Publishing
ISBN: 1847318495
Size: 71.34 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 368
View: 7068

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Book Description: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.

Maritime Law In China

Maritime Law in China PDF Book Detail:
Author: Johanna Hjalmarsson
Publisher: Routledge
ISBN: 1317210514
Size: 43.76 MB
Format: PDF
Category : Business & Economics
Languages : en
Pages : 312
View: 654

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Book Description: The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.

The Hamburg Lectures On Maritime Affairs 2009 2010

The Hamburg Lectures on Maritime Affairs 2009   2010 PDF Book Detail:
Author: Jürgen Basedow
Publisher: Springer Science & Business Media
ISBN: 3642274196
Size: 62.90 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 205
View: 2002

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Book Description: In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the second in the series - collects eight of the lectures held in 2009 and 2010 by David Joseph Attard, Lucius Caflisch, Beate Czerwenka, Lars Gorton, Francesco Munari, Kyriaki Noussia, Peter Wetterstein and Wolfgang Wurmnest.

Legitimacy In Eu Cartel Control

Legitimacy in EU Cartel Control PDF Book Detail:
Author: Ingeborg Simonsson
Publisher: Bloomsbury Publishing
ISBN: 1847315682
Size: 21.78 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 440
View: 4355

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Book Description: This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.

Specialized Legal Research

Specialized Legal Research PDF Book Detail:
Author:
Publisher: Wolters Kluwer
ISBN: 0735552789
Size: 18.45 MB
Format: PDF, Mobi
Category :
Languages : en
Pages :
View: 1895

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Book Description: