EU-konsultasjon om mulig avskaffelse av maritime antitrust-retningslinjer


Consultation on the future of the Maritime Antitrust Guidelines

Siste nytt

Åpen konsultasjon igangsatt av Kommisjonen 4.5.2012

Nærmere omtale

Red. anm.: Konsultasjonen avsluttes 27. juli 2012.

BAKGRUNN (fra kommisjonens konsultasjonsdokument, dansk utgave)

1. On 1 July 2008, the European Commission (the "Commission") adopted the Guidelines on the application of Article 81 of the EC Treaty (now 101 of the Treaty on the Functioning of the European Union – "TFEU") [1] to maritime transport services (the "Maritime Antitrust Guidelines" or "Guidelines"). They contain guidance for operators active in liner shipping and tramp vessel services on how to assess compliance of their business practices with EU competition rules following the 2006 review of the antitrust rules applicable to maritime transport services. [2] Liner shipping services involve notably the maritime transport of containerised cargo on a regular basis to ports of a particular geographic route, with timetables and sailing dates advertised in advance and services available to any transport user. Tramp vessel services refer mostly to unscheduled transport of non-containerised or "bulk" cargo (such as oil, grain, iron ore, etc.).

2. The Guidelines were published in the Official Journal on 26 September 2008 [3] and provide that the Commission will apply them for a period of five years. [4] The present paper assesses the situation after such expiry.

3. This Staff Working Document first describes the background to the adoption of the Maritime Antitrust Guidelines in 2008 and their content. In its main part, it then focuses on whether there is still a need for sector specific guidelines in the maritime transport sector. In light of this analysis, this Staff Working Document proposes letting the Maritime Antitrust Guidelines lapse upon expiry in 2013.

[1] With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become respectively Articles 101 and 102 TFEU.
[2] For details on the 2006 review of the antitrust rules applicable to maritime transport services, see below Section 2.
[3] OJ C 245, 26.9.2008, p. 2-14.
[4] See paragraph 8 of the Maritime Antitrust Guidelines.