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EU Regulation and Competition Law in the Transport Sector, 2nd Edition edited by Ortiz Blanco, Luis; Van Houtte, Ben (23rd February 2017)

Part IV Maritime Transport, 14 Competition (II) Merger Control and State Aid

Luis Ortiz Blanco, Elvira Aliende Rodríguez, Julie Vandenbussche, Tim Maxian Rusche

From: EU Regulation and Competition Law in the Transport Sector (2nd Edition)

Edited By: Luis Ortiz Blanco, Ben Van Houtte

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 01 June 2020

Subject(s):
Joint ventures — European Union — Oligopoly — Passenger transport — Liner consortia — National merger control — State aid

Cooperation among competitors in the shipping industry has historically led to the establishment of conferences, consortia, and alliances, but the effects of the global financial crisis may have stimulated competitors to consolidate further merger as shown by the increasing number of cases during the last few years. When assessing the compatibility of shipping mergers with the Internal Market, the Commission has considered not only the parties’ market shares but also the cumulative effect and the market positions of the consortia and the (no longer permitted) conferences in which the parties to the concentration are involved. In this sense, the remedies offered by the merging parties at hand have varied from post-completion capacity agreements to divestitures or withdrawal from consortia or conferences. Chapter 14 continues the discussion of the application of the competition rules to the shipping industry, focusing on merger control and the practice in connection with State aid.

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