Liner Shipping And Eu Competition Law PDF Download
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| Author | : Alla Pozdnakova |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 494 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 9041127178 |
Download Liner Shipping and EU Competition Law Book in PDF, ePub and Kindle
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legal issues that liner shipping companies are likely to face once the special treatment traditionally allowed them is withdrawn.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 | : Philippe Corruble |
| Publisher | : Bruylant |
| Total Pages | : 151 |
| Release | : 2021-03-04 |
| Genre | : Law |
| ISBN | : 2802769863 |
Download EU Competition Law applicable to liner shipping and seaports Book in PDF, ePub and Kindle
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 |
| Total Pages | : 329 |
| Release | : 2009-09-24 |
| Genre | : Law |
| ISBN | : 3642038751 |
Download Liner Conferences in Competition Law Book in PDF, ePub and Kindle
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 | : Antōnios M. Antapasēs |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 417 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9004173951 |
Download Competition and Regulation in Shipping and Shipping Related Industries Book in PDF, ePub and Kindle
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 | : Felix Dinger |
| Publisher | : Peter Lang Pub Incorporated |
| Total Pages | : 207 |
| Release | : 2004-01 |
| Genre | : Competition, Unfair |
| ISBN | : 9780820465760 |
Download The Future of Liner Conferences in Europe Book in PDF, ePub and Kindle
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 | : P. Aspden |
| Publisher | : Maklu |
| Total Pages | : 260 |
| Release | : 1995 |
| Genre | : Law |
| ISBN | : 9789062154760 |
Download Shipping Law Faces Europe Book in PDF, ePub and Kindle
| Author | : |
| Publisher | : Government Printing Office |
| Total Pages | : 368 |
| Release | : |
| Genre | : |
| ISBN | : |
Download Study of the 2008 Repeal of the liner Conference Exemption from European Union Competition Law Book in PDF, ePub and Kindle
| Author | : Philip Wareham |
| Publisher | : Cameron May, Limited |
| Total Pages | : 330 |
| Release | : 2010-01-01 |
| Genre | : Antitrust law |
| ISBN | : 9781907174025 |
Download Competition Law and Shipping Book in PDF, ePub and Kindle
"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 | : Vincent Power |
| Publisher | : Taylor & Francis |
| Total Pages | : 1996 |
| Release | : 2018-12-19 |
| Genre | : Law |
| ISBN | : 1317234111 |
Download EU Shipping Law Book in PDF, ePub and Kindle
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 | : Martin Gassler |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 462 |
| Release | : 2021-02-12 |
| Genre | : Law |
| ISBN | : 9403531843 |
Download Information Exchange Between Competitors in EU Competition Law Book in PDF, ePub and Kindle
Information Exchange Between Competitors in EU Competition Law Martin Gassler Competing firms often exchange information in order to make more informed market decisions which can help to overcome market inefficiencies. However, an abundance of legal and economic research as well as case law has shown that information exchange may also enable firms to engage in collusion more readily and sustain it longer. This book is the first to concentrate on this challenging topic of EU competition law in such depth. It focuses on ‘pure’ information exchanges – exchanges that are not ancillary to a wider pro-competitive or anticompetitive conduct – and thoroughly explains the characteristics of such information exchanges, their pro-competitive and anticompetitive effects and discusses all the relevant legal aspects for their assessment. The author provides a robust analytical framework for assessing information exchanges under Article 101 TFEU, focusing on the risk of collusive outcomes and what types of information exchange are particularly harmful. With detailed attention to the leading cases on information exchange, the analysis examines the most important aspects for assessing information exchange between competitors, in particular: the concept of a concerted practice; the concepts of a restriction by object and effect, including their similarities and differences; the importance of evidentiary issues; the issue of signalling via advance public announcements; factors that facilitate collusion; efficiencies of information exchange, including market transparency; the legal challenges of tackling mere parallel conduct; facilitative practices in the Commission Guidelines, including the Horizontal Cooperation Guidelines; and safe harbours for certain types of information exchange. The book offers clear guidance on how to identify and thus distinguish information exchange that restricts competition by its object and information exchange that restricts competition (only) by its effects. It offers practical solutions to some of the perceived issues when assessing information exchanges. With its wealth of analysis not available from other sources, this concise yet comprehensive review of a much-debated topic in competition law offers clear guidance for practitioners in assessing the issues surrounding information exchange. The book will also be welcomed by competition law academics, competition lawyers and competition authority officials throughout Europe.
