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Recolector de Ciencia Abierta, RECOLECTA
Bachelor thesis . 2015
License: CC BY NC SA
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Recolector de Ciencia Abierta, RECOLECTA
Bachelor thesis . 2015
License: CC BY NC SA
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The tramp shipping business and the EU competition law : An introductory view of tramp shipping pools under Article 101 TFEU

Eu competition law in tramp shipping business
Authors: Méndez Roca, Francisco Javier;

The tramp shipping business and the EU competition law : An introductory view of tramp shipping pools under Article 101 TFEU

Abstract

This paper is an effort to understand how the tramp shipping industry works, which is considered to work close to perfect competition model, where the atomicity, homogeneity and information transparency are evident. Many small shipping companies compete for a volatile and unpredictable demand. Despite there are some entry barriers to the market, these can be easily mitigated by the way this market works. Tramp shipping companies co-operate among them in pools, in order to bid for large contracts of affreightment, which otherwise, shipowners could not perform on their own. Tramp shipping pools raise competition concerns, and under the EU Competition Rules, these agreements shall be assessed on case-by-case basis in order to determine whether an agreement may jeopardise competition within common market. To do so, an assessment under Article 101 TFEU is required. Normally, tramp shipping pools created for the right purposes, do not entail competition restrictions. Conversely, those agreements that have a combined market share considerably high or involve hardcore restrictions, are prohibited under Article 101 (1). These agreements have three options: terminate their agreement; demonstrate that economic efficiencies brought by the agreement outweigh restrictions under Article 101 (3); and lastly and most appealing, try to restructure the agreement creating a full-function joint venture in order to fall under a more certain legal framework, the EC Merger Rules.

Country
Spain
Keywords

Article 101 tfeu, Shipping pools, Antitrust, :Nàutica::Dret marítim i administratiu [Àrees temàtiques de la UPC], Àrees temàtiques de la UPC::Nàutica::Navegació marítima::Transport marítim, Maritime law, Horizontal co-operation, Àrees temàtiques de la UPC::Nàutica::Dret marítim i administratiu, Dret marítim, Eu competition law, Shipping markets, Tramp shipping, :Nàutica::Navegació marítima::Transport marítim [Àrees temàtiques de la UPC], Transport marítim -- Aspectes econòmics

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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