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  • 2006 October 5 08:12

    EU antitrast laws set to affect tramp shipping

    LAST week’s decision by the EU Competition Council to abolish liner shipping’s exemption from anti-trust laws has meant that the European Commission will have the implementation powers necessary to enforce EC Treaty’s Article 81 (concerted practices) and Article 82 (abuse of dominant position) rules in the non-liner shipping sectors. Moreover, while the liner sector has a two-year period of grace before the conferences become illegal the EC will have the power to enforce anti-cartel law on the non-liner shipping from the 18th of this month.

    Potentially this could cause problems for shipping pools in the bulker and tanker trades though most industry representatives believe at least most pools will be found to operate within the regulations.

    Intertanko notes that the decision to repeal Regulation 4056/86 and consequently bring the non-liner sector within the scope of regulation 1/2003 has long been expected.

    The tanker grouping says that, although, non-liner shipping has no two-year grace period it hopes that the Commission will be cautious in its application of the rules also for the tramp sector, particularly as far as fines are concerned. Intertanko points to an absence of relevant jurisprudence in the field of EU competition rules and tramp shipping,.

    Intertanko says it, together with other industry associations, will actively participate in the process with the aim of assisting the Commission in producing viable guidelines which are well suited to the realities of the shipping markets.

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