Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Setting Sail On A Sea Of Doubt: Tramp Shipping Pools, Competition Law And The Noble Quest For Certainty

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The problem of the assessment of shipping pools under Article 81 is novel. This chapter focuses on a specific aspect of the application of Article 81(1), namely whether shipping pools are likely to have the object of restricting competition under this provision. It first examines the commercial background to tramp shipping pools. It then analyses the contractual relationships involved in a pool. Next, the chapter highlights the main issues arising in the competitive assessment of shipping pools. It also discusses the uncertainty surrounding the objective and enforcement standard to be applied under Article 81 and argues that this provision aims at maximising social welfare through a consumer harm standard. Finally, the chapter applies the conclusions reached in the discussion of the objective and enforcement standard under Article 81 to the question whether shipping pools are an infringement of Article 81(1) by object.

Keywords: Article 81(1); competition law; tramp shipping pools

10.1163/ej.9789004173958.i-404.39
/content/books/10.1163/ej.9789004173958.i-404.39
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Competition and Regulation in Shipping and Shipping Related Industries — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation