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Competition In Liner And Tramp Maritime Transport Services: Uniform Regulation, Divergent Application?

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Chapter Summary

The Regulation 141 had very early deprived the European Commission of the power to enforce competition rules in the transport sector. Reg. 4056/86 filled this gap for all kinds of maritime transport including passenger services. This chapter clarifies some key issues relating to the definition of the relevant market and to the evaluation of restrictive practices in the tramp sector, taking into account the particular features of the transport in question. Obviously, the broader the definition of the relevant market, the less possible it is that the examined behaviour will raise concerns under competition law. The chapter attempts a first scholarly exercise on how the general criteria used for the definition of the relevant market would apply to tramp transport services and the difficulties arising out of this, taking into account the recent "Guidelines of the European Commission on the application of Article 81EC to maritime transport services".

Keywords: Article 81EC; competition law; European Commission; maritime transport services; passenger services; Regulation 141; Regulation 4056/86; tramp transport services



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