ABSTRACT

This chapter considers the policy areas in turn below in conjunction with their application to the maritime sector. It has emphasised the need for the shipping industry to comply with European Union (EU) competition law. The chapter focuses at the four areas of the EU anti-trust regulatory framework, namely, Articles 101-102, Article 107, and the Merger Regulation currently find full application to the maritime industry. In order to assist maritime undertakings in the self-assessment of the compatibility of their agreements vis-a-vis Article 101, on 1 July 2008 the Commission issued its Guidelines on the Application of Article 101 to Maritime Transport Services. The Guidelines cover the following topics: definition of 'liner shipping' and 'tramp shipping'; effect on trade between Member States; the 'relevant market' definition; horizontal agreements in the maritime transport sector. The objective of State aid control, as laid down in the Treaty, is to ensure that government interventions do not distort competition and intra-community trade.