Liner Conferences in Competition LawPDF电子书下载

Introduction 1

Chapter Ⅰ: Maritime Policy and Regulation 9

A.Maritime Policy and Regulation in the EU 9

Ⅰ. The First Stage: From the Ground of the EEC to the Adoption of the UNCTAD Liner Code 9

Ⅱ. The Second Stage: 1986 Package of Regulations 15

Ⅲ. The Third Stage: New Dimensions and Legislation on Consortia 18

Ⅳ. The Fourth Stage: Review of Regulation 4056/86 and Adoption of Regulation 1419/2006 and Regulation 1490/2007 21

B. Maritime Policy and Regulation in China 26

China's Maritime Transport Industry: 1949-1977 27

Development of Maritime Policy: 1978-2001 30

Development and Legislation after China’s WTO Accession 40

International Convention and the UNCTAD Liner Code 48

C. Conclusion 54

Chapter Ⅱ: General and Sector-Specific Competition Rules in Force 57

A. Community Competition Rules in Maritime Transport and Regulation 4056/86 57

Ⅰ. Politicization of Community Competition Rules in Maritime Transport 58

Ⅱ. Regulation 17 and Regulation 141 59

Ⅲ. Development by Community Case Law 60

Ⅳ. Regulation 4056/86: Incompatibility with the EC Treaty from the Legislative Point of View 62

B. General and Sector-Specific Competition Rules in Maritime Transport in China 64

Ⅰ. Regime of Competition Regulation in Maritime Transport 64

Ⅱ. Applicability of General Competition Rules 68

C. Conclusion 79

Chapter Ⅲ: Scope of Application of Sector-Specific Regulation of Liner Conferences 81

A. Scope of Application of Regulation 4056/86 81

Ⅰ. Objective Scope 81

Ⅱ. Territorial Scope 85

B. Scope of Application of the RIMT and the IRRIMT 88

Ⅰ. Objective Scope 89

Ⅱ. Territorial Scope 91

C. Conclusion 94

Chapter Ⅳ: Exemption and Prohibition Provisions Concerning Liner Conferences 95

A. Exemption Provisions of Regulation 4056/86 95

Definition of Liner Conferences 95

Exemption under Article 3 of Regulation 4056/86 99

Conditions under Article 4 of Regulation 4056/86 117

Obligations under Article 5 of Regulation 4056/86 120

B. Competition Regulation of Liner Conferences under RIMT/IRRIMT 129

Ⅰ. Definition of Liner Conferences 129

Ⅱ. Filing Requirements on Liner Conferences 132

Ⅲ. Legal Nature of Liner Conferences and Applicability of Competition Rules 138

C. Conclusion 144

Chapter Ⅴ: Regulatory Procedure 147

A. Procedural Rules in the EU: Reform and Application 147

Ⅰ. Regulation 4056/86 in Relation to Regulation 17 147

Ⅱ. Regulation 4056/86 in Relation to Regulation 1/2003 148

Ⅲ. System of Legal Exception and Monitoring Procedure in Regulation 4056/86 157

Ⅳ. Enforcement of Procedural Rules on Liner Conferences 166

B. China's Procedural Rules of Competition Regulation on Liner Conferences 186

Ⅰ. Initiation of Investigation 186

Ⅱ. Investigation Authorities and Investigation Committee 188

Ⅲ. Investigation Procedure 189

C. Conclusion 195

Chapter Ⅵ: Future Perspectives after the Change of the Regulation Regime 197

A. Liner Shipping beyond the Expiration of Block Exemption in the EU 197

Ⅰ. Incompatibility of Regulation 4056/86 with Articles 81 and 82 EC: A Substantive Review 197

Ⅱ. Beyond Regulation 1419/2006 218

B. Liner Conferences after the Adoption of the Anti-Monopoly Law in China 237

Ⅰ. Antitrust Investigation in Practice: Investigation of the Terminal Handling Charges (THC) 237

Ⅱ. Anti-Monopoly Law 254

C. Conclusion 273

Chapter Ⅶ: Conclusion 275

Biblography 279

Table of Legislations, Cases and Decision 299