What shall we do with the drunken sailor? EC Competition Law and Maritime Transport.

Abstract

This study examines the application of EC competition law in the special environment in which the shipping industry operates, with special emphasis on the two block exemptions of Art. 3 of Regulation 4056/86 and Art. 3 of Regulation 823/2000. It will show that, like with a drunken sailor, something is seriously amiss with the way EC competition law is applied in this specific field. The first chapter provides some background information on the development of the shipping industry since the middle of the 19th century and an overview of the main legal developments in EC maritime competition policy. Chapter two, which constitutes the main part of this paper, contains an analysis of the two block exemptions mentioned. Chapter three addresses the question whether the current approach of EC competition law is adequate and compatible with the relevant Treaty provisions. This will lead to some concluding remarks on the question whether the current approach should be continued or whether it is advisable to modify it.