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
• 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allowed them is withdrawn.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
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.
Foreword; R. Greaves. Preface.
Part I. Introduction. 1. Objective and Problem. 2. Sources and
Method. 3. Structure of this Book.
Part II. Cooperative and Unilateral Market Conduct of Liner Shipping
Companies. 4. Introduction. 5. Cooperation between Liner Shipping
Companies. 6. Tacit Collusion in Liner Shipping.
Part III. Liner Shipping Cartels. 7. Introduction. 8. Liner
Shipping Cartels under Article 81(1) EC. 9. Application of Article
81(3) EC to Liner Shipping Cartels.
Part IV. Joint Ventures between Liner Shipping Companies. 10.
Introduction. 11. Liner Carrier Joint Ventures under Article 81(1) EC.
12. Block Exemption of Liner Consortia under Article 81(3) EC. 13.
Individual Application of Article 81(3) EC to Joint Ventures in Liner
Part V. Dominant Position of Liner Shipping Companies. 14.
Introduction. 15. Assessment of Dominant Position of Liner Shipping
Companies under Article 82 EC. 16. Collective Dominant Position of
Liner Shipping Companies.
Part VI. Abuse of Dominant Position in Liner Shipping. 17.
Introduction. 18. Excessive Tariff Rates and other Exploitative
Conduct. 19. Unfairly Low Tariff Rates in Liner Shipping. 20.
Price Discrimination in Liner Shipping. 21. Loyalty Arrangements with
Shippers. 22. Regulation of Cooperation with Competing Carriers.
Part VII. New Competition Regulation of Liner Shipping. List of sources.