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Cooperate Or Merge? Structural Changes And Full-Function Joint Ventures In The Shipping Industry

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Chapter Summary

The regulation of conduct in Article 81 and the regulation of changes in the market structure in the Merger Regulation (MR) differ in many respects. These differences in treatment under Article 81 and the MR must be taken into consideration when shipping companies plan to establish a pool, and will answer the following question when they set up the pool: cooperate or merge? This chapter identifies when a pool is regulated under the rules in the MR rather than under the rules on cooperation in Article 81. It focuses on pools established by two or more shipowners with the aim of marketing similar ships. For the creation of a pool of this type to qualify as a concentration, two or more of the participants must jointly control the pool. The chapter finally concentrates on shipping pools organised as separate legal entities, most practically as companies.

Keywords: Article 81; Merger Regulation (MR); shipping companies; shipping pools

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