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EC Extends Block Exemption From Antitrust Laws For Liner Shipping Consortia

by Ulrika Lomas, for LawAndTax-News.com, Brussels

27 April 2005

The European Commission announced on Monday that it has renewed until 25th April 2010 a block exemption allowing shipping companies to enter into consortium agreements covering the maritime transport of cargo to or from one or more EU ports.

A consortium is a grouping of shipping lines which co-operate to provide joint maritime cargo transport services. Such agreements usually allow shipping lines to rationalise their activities and achieve economies of scale, thus improving the productivity and quality of liner shipping services.

The block exemption was first adopted in 1995 and previously renewed in 2000, and automatically covers liner shipping consortia which have a market share of below 30% (or 35% if operated outside a so-called liner conference).

Following consultations with Member States and interested parties, the Commission has also introduced some minor amendments.

Under the Commission Regulation put in place this week, all agreements (except those on price-fixing) whose objective is the joint operation of liner shipping services are exempted from the EC Treaty’s ban on restrictive business practices, provided that they fulfil the conditions and obligations set out in the Regulation. The exemption does not, however, cover the transport of passengers.

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