Martinus Nijhoff Online

 Competition and Regulation in Shipping and Shipping Related Industries

Contents

• • Preliminary Materials (i-xii)   (545K)
    • Jump to section:
    • Contents
    • Preface
    • Acknowledgements
  • EC Law And Maritime Transport: Preliminary Remarks (1-4) by Fotis Karamitsos   (55K)
    • Jump to section:
    • I. Introduction
    • II. Shipping Conferences
    • III. Maritime Safety
    • IV. Ports Policy
  • Liner Shipping, Antitrust And The Repeal Of Regulation 4056/86: A New Era Of Global Maritime Confrontation? (5-25) by Francesco Munari   (114K)
    • Jump to section:
    • I. The Issues
    • II. The Historical Antitrust Immunity For Liner Conferences
    • III. The European Community Faced With This Extraordinary International Regime
    • IV. Changes In International Liner Shipping And Liberalisation Of Trades. Their Effects On The Liner Conference System
    • V. Regulation No. 1419/2006: Its Origins, Background And Contents
    • VI. Ec Competition Law In Liner Shipping After October 2008: Preliminary Black, Grey And White Lists Of Agreements Among Liner Shipping Companies Operating In Eu Trades
    • VII. The International Implication Of Regulation No. 1419/2006
    • VIII. Final Remarks
    • Bibliographical References
  • Information Exchange Agreements Between Liner Shipping Companies Under EC Competition Law (26-42) by Alla Pozdnakova   (105K)
    • Jump to section:
    • I. Co-Operation In Liner Shipping: A Prospective View
    • II. Commission Guidelines On The Application Of Article 81 Of The Ec Treaty To Maritime Transport Services
    • III. Information Exchange Agreements Between Liner Shipping Companies
    • IV. Liner Consortia, Market Transparency And The Review Of Competition Regulation In Shipping
    • V. Co-Ordinated Conduct Of Liner Shipping Companies And Article 82 Ec
    • VI. Concluding Remarks
    • Bibliography
  • E.U. And U.S. Competition Laws Compared: The Paradigm Of Horizontal Co-Operation In Maritime Trade (43-69) by Emmanuel P. Mastromanolis   (142K)
    • Jump to section:
    • I. Introduction
    • II. Economic (And Political) Underpinnings Of The Eu And Of The Us Antitrust Legislation On Maritime Trade
    • III. The Competition Law System Of Maritime Trade: From Tailor-Made Rules To Self-Assessment
    • IV. The Us Treatment Of Cooperation Between Carriers: From Airtight Regulation To Minimized Governmental Intervention
  • Competition In Liner And Tramp Maritime Transport Services: Uniform Regulation, Divergent Application? (70-93) by Lia I. Athanassiou   (134K)
    • Jump to section:
    • I. Introduction
    • II. Definition Of The Relevant Market
    • III. Assessment Of Prima Acie Anti-Competitive Practices Of Tramp Operators
    • IV. Concluding Remarks
  • Setting Sail On A Sea Of Doubt: Tramp Shipping Pools, Competition Law And The Noble Quest For Certainty (94-116) by Filippo Lorenzon and Renato Nazzini   (128K)
    • Jump to section:
    • I. Introduction
    • II. Some Commercial Background To Tramp Shipping Pools
    • III. Tramp Pools: The Contract
    • IV. The Problem Of The Competitive Assessment Of Shipping Pools
    • V. Uncertainty As To The Objective And The Standard Of Article 81 Ec
    • VI. Shipping Pools: An Infringement By Object?
    • VII. Conclusion
  • Cooperate Or Merge? Structural Changes And Full-Function Joint Ventures In The Shipping Industry (117-136) by Olav Kolstad   (104K)
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    • I. Regulation Of Structure Versus Regulation Of Conduct
    • II. The Differences In Treatment Of Joint Ventures Under Article 81 And The Mr
    • III. Will Article 81 Play A Role In The Regulation Of Full-Function Pools?
    • IV. The Concept Of Full-Function Joint Ventures And National Competition Law
    • V. Cooperation In Shipping Pools
    • VI. Full-Function Shipping Pools
    • VII. Joint Control
    • VIII. Internal Aspect: Independent Resources
    • IX. External Aspect Commercial Independence
    • X. The Functions Must Be Performed On A Lasting Basis
  • The Application Of EC Competition Rules To The Port Sector (137-152) by Lenita Lindström-Rossi   (94K)
    • Jump to section:
    • I. Introduction
    • II. Market Access And Competition
    • III. Activities Of The Port Infrastructure Manager
    • IV. Conclusion
  • Public Interest Versus Freedom Of Competition In Sea Ports Privatizations: The Case Of Greece (153-166) by George Gerapetritis   (100K)
    • Jump to section:
    • I. Introduction
    • II. Sea Ports Regulatory Framework
    • III. Monopoly Against Liberalisation
    • IV. Concluding Remarks
  • The Application Of The EC Common Rules On Competition To Cabotage, Including Island Cabotage (167-184) by Rosa Greaves   (107K)
    • Jump to section:
    • I. Introduction
    • II. The Maritime Transport Services Market
    • III. The Ec Common Rules On Competition And The Maritime Transport Services Market
    • IV. Concluding Observations
  • Competition And Public Service In Greek Cabotage (185-206) by Alexandra P. Mikroulea   (127K)
    • Jump to section:
    • I. Introduction
    • II. Greek Law 2932/2001 And Its Compatibility With Regulation 3577/1992
    • III. Conclusion
  • A Maritime Competition Reading Of Regulation 1408/71/Ec On The Co-Ordination Of Social Security Systems In The European Union: Is The Current Regime Out-Of-Date? (207-222) by Iliana Christodoulou-Varotsi   (103K)
    • Jump to section:
    • I. Introduction
    • II. Regulation 1408/71/Ec And Maritime Competition: The Quest For Possible Distorting Factor Aspects
    • III. Putting Regulation 1408/71/Ec To The Test: Prospects And Limitations The Challenge Of State Aids To Shipping
    • IV. Concluding Remarks
  • Fiscal Aid For Maritime Transport (223-241) by Phedon Nicolaides   (97K)
    • Jump to section:
    • I. Introduction
    • II. When Do Fiscal Measures Constitute State Aid?
    • III. The Problem With Fiscal Aid
    • IV. Fiscal Aid Measures Permitted By The Maritime Transport Guidelines
    • V. Problematic Issues In The Guidelines
    • VI. Assessment And Conclusions
    • Annex: Examples Of Aid For The Employment Of Seafarers
  • Public Financing In The Port Sector And State Aid Rules (242-264) by Nikolaos E. Farantouris   (129K)
    • Jump to section:
    • I. Introduction
    • II. Seaports Market Organisation
    • III. Application Of State Aid Rules To Port Financing
    • IV. The Market Economy Investor Principle
    • V. Aid To Seaports Compatible With The Common Market
    • VI. Final Remarks
    • Bibliography
  • Tonnage Tax And Tax Competition (265-289) by Georgios Matsos   (134K)
    • Jump to section:
    • I. Tonnage Tax Versus Tax On The Net Profits
    • II. The Greek Tonnage Tax System
    • III. Shipping Taxation On An International Level
    • IV. Conclusion
  • Marine Insurance Regimes And Their Impact On Shipping Competition (290-316) by Trine-Lise Wilhelmsen   (146K)
    • Jump to section:
    • I. Introduction
    • II. Eu Regulation: Some Starting Points
    • III. The Economic Theory Of The Perfect Contract And Its Conditions
    • IV. National Mandatory Legislation
    • V. The Marine Insurance Product
    • VI. Attempts At Harmonisation
    • VII. Summary And Conclusions
  • Protection & Indemnity Clubs And Competition (317-336) by Dimitrios Christodoulou   (113K)
    • Jump to section:
    • I. The Protection And Indemnity Insurance System
    • II. The International Group Of P&I Clubs And Competition Law
    • III. The Position Post-2009: The Issue Of The Validity Of The Igp Agreement And The Ig Agreement
    • IV. Concluding Remarks
  • Advantages And Disadvantages Of The Parallel Flags In An International Shipping Context (337-346) by Xosé Manuel Carril-Vázquez   (89K)
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    • I. Methodological Clarifications
    • II. Terminological Clarifications About Parallel Flags
    • III. The Precariousness Of Eu Social Law On Parallel Flags
    • IV. Domestic Law Of Eu Member States On Parallel Flags: Advantages And Isadvantages To The States, Sea-Employers And Sea-Workers
    • V. Critical Conclusions
  • Uncitral (Draft) Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea: Mandatory Rules And Freedom Of Contract (347-365) by Regina Asariotis   (106K)
    • Jump to section:
    • I. Introduction
    • II. To Which Extent Is The Draft Uncitral Convention Mandatory?
    • III. Volume Contracts: What Is Being Proposed?
    • IV. Potential Implications Of The Proposed Special Rules On Volume Contracts
    • V. Final Remarks
    • Annex
  • The Liability Of The Sea Carrier In The Uncitral Convention On Contracts For The International Carriage Of Goods Wholly Or Partly Sea (366-374) by Philippe Delebecque   (73K)
    • Jump to section:
    • I. Introduction
    • II. Complexity Of The Substantive Law
    • III. Complexity As Regards The Rules Of Procedure
  • Freedom Of Contract And Public Order Relative To The Legal Effect Of The Hague-Visby Rules: Prospects Of English Law And Of French Law (375-384) by Yves Tassel   (75K)
    • Jump to section:
    • I. Introduction
    • II. In The National Field, What Is The Criterion For The Scope Of Application Of The Hague-Visby Rules And What Is The Future Of The Free In Out (Fio) Clause?
    • III. Conclusions And Suggestions
  • Issues Arising From The Limitation Of Liability In The Maritime Transport Of Passengers (385-398) by Eleni Gologina-Economou   (101K)
    • Jump to section:
    • I. Introduction
    • II. Links Between The Athens Convention Of 1974/1976 And The 1976 London Convention
    • III. Convergence And Divergence Of The Provisions Relating To Limitation Of Liability In The Athens And London International Conventions
    • IV. Issues Arising From The Application Of The Above Conventions
    • V. Conclusions
  • Index (399-404)   (63K)