- EU의 정기선 해운동맹 포괄면제 폐지와 그 영향에 관한 연구
- ㆍ 저자명
- 최병권,신건훈,이병문,Choi. Byoung-Kwon,Shin. Gun-Hoon,Lee. Byung-Mun
- ㆍ 간행물명
- 貿易商務硏究
- ㆍ 권/호정보
- 2010년|45권 6호|pp.165-188 (24 pages)
- ㆍ 발행정보
- 한국무역상무학회
- ㆍ 파일정보
- 정기간행물| PDF텍스트
- ㆍ 주제분야
- 기타
The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.