EC Competition Law in relation to maritime transport

Abstract

Competition law may be said to be " a necessary evil " within each and every society. This thesis deals precisely with the delicate interaction of such " an evil " with the maritime transport sector within the European Community. The " particular " nature of such interaction is mainly due to the " special characteristics " of the transport sector in general and the maritime transport sector in particular. In fact, a feature which may be said to be inherent in the shipping industry is its international character. Precisely because of such a character, the maritime transport sector warrants a unique approach by the Community in its application of the competition rules, namely Articles 85 and 86 of the EC Treaty, to this sector. Shipping of its nature entails mobility and involves various countries. Hence, it is not surprising that the Regulations introduced by the European Community in order to implement the competition rules within the maritime transport sector may be said to have a bearing not only on shipping companies operating from ports within the Community but even on those operating from third countries, not members of the European Community. In fact, the application of such Regulations by the EU Commission in practice , in the various cases which have cropped up before it and which have been tackled in the course of this thesis, will provide the reader with an insight into the " delightful " task which has been set to the EU Commission by the drafters of these Regulations.