| The anti-competitive effect of the shipping alliance has aroused the attention in varying degrees by the antitrust laws in different countries.Based on the research of shipping anti-monopoly theory,this essay systematically and deeply analyses the relevant issues on shipping anti-monopoly by method of normative analysis,method of comparative analysis and other methods.The essay aims to establish a shipping antimonopoly legal system in line with the characteristics of contemporary international shipping industry in China to maintain international shipping competition order,enhance the international competitiveness of Chinese shipping enterprises and escort China’s shipping economy.Besides the introduction and conclusion,the main text part contains seven chapters.Chapter One focuses on basic issues of shipping alliance.This chapter defines the concept and legal nature of shipping alliance as joint venture.Based on the current situation and influence of shipping alliance,this chapter analyzes the competitive effect of shipping alliance including its restricted competition effect from the internal and external characteristics and its promoting competition effect from the perspective of different stakeholders.Further,this chapter summarizes the anti-monopoly governance path of the shipping alliance,according to the different cooperation forms and competition effects,the analysis method of monopoly agreement,the analysis method of abuse of dominant market position and the analysis method of concentration are to be applied respectively.Chapter Two explains the relevant theoretical basis of anti-monopoly of shipping alliance.On one hand,this chapter divides the theory of anti-monopoly of shipping alliance into two levels to investigate and analyze.Traditional law and economic antitrust theories including the theory of monopoly agreements,theory of abuse of market dominance and concentration theory are applied to the anti-monopoly regulations of the shipping alliance.Anti-monopoly theory of behavioral economics is introduced to endow the cartel in shipping field a more scientific and reasonable explanation.It is proved that the international shipping industry is an industry with collusion history,and more prone to form horizontal monopoly agreements among shipping companies.On the other hand,this chapter explains the relevant theoretical basis of anti-monopoly exemption of shipping alliance.When anti-monopoly exemption theory is applied to the shipping industry,it should be based on general principles and the particularity of the shipping industry,so the value of shipping anti-monopoly exemption theory can be reflected.After the rationality of empty core theory was questioned by institutional abuse,oligopoly theory more reasonably explains competition in the international container liner shipping market now shaped by shipping alliance,emphasizing the harmfulness of collusion pricing and the need for market regulation.Chapter Three focuses on the anti-monopoly regulation on monopoly agreement by shipping alliances and the anti-monopoly exemption issues.This chapter examines the agreement contents of 2M Shipping Alliance,The Ocean Shipping Alliance and THE Shipping Alliance and analyses the monopoly of such agreements.Thereinto,the information exchange system needs to be closely noticed.Also,this chapter discusses the identifying approaches of ‘concerted behavior’ and ‘collision’ under EU law and U.S.law.Then this chapter analyzes regulations on international shipping anti-monopoly exemption under EU law and U.S.law,and evaluates the supervision mode and latest modification of EU law and U.S law.Chapter Four studies on the anti-monopoly regulation on the abuse of market position of shipping alliance,including regulating abuse of market dominant position and regulating abuse of relative dominant position.The regulatory threshold of abuse of dominant market position is usually high under anti-monopoly law,and in particular,the application of shipping alliance regulations to abuse the market dominance is not feasible.For shipping companies or shipping alliances that have not yet reached the degree of“dominant market position”,but have implemented certain behaviors that bring damage to counterparty and hinder fair competition,some anti-monopoly jurisdictions have established regulations to prohibit the abuse of relative dominant position,which is worth learning.Chapter Five explores concentration regulation of shipping alliance.this chapter focuses on clarifying the relationship between shipping alliance and the horizontal and vertical merger.the merger of shipping alliance and shipping companies are the two different veins of alternate and parallel development,and they interact.The relationship between the integration of the shipping alliance and the concentration of shipping companies in the horizontal integration of the shipping industry could be described as gradual evolution.Then,shipping alliances that cause structural changes in the shipping market should be regulated by general concentration regulations.The development of the shipping alliance has more obviously promoted the vertical concentration of the shipping industry,especially reflected in the integration of port and shipping.Chapter Six majorly evaluates and analyzes the status quo of anti-monopoly regulation regarding shipping alliance in China and thereby proposes optimization suggestion.It is proposed that the implementation path of improving the anti-monopoly regulation of shipping alliance in China shall be a parallel path between improving the general provisions of the Anti-monopoly Law and improving the legislation of special anti-monopoly regulation in the shipping industry.Further,the problems existing in the regulation of shipping monopoly agreement,the abuse of shipping dominant market position and the concentration of shipping alliances are discussed respectively and specific regulations suggestions are proposed accordingly.It is proposed that the shipping anti-monopoly exemption system should be comprehensively constructed as soon as possible in China;the relative market position regulation can be introduced into shipping anti-monopoly legislation,and shall be selectively introduced with the relative trading market position regulation;problems of shipping concentration anti-monopoly regulations need to be responded by the modification of the Anti-monopoly Law acting as the basic law.In addition,it is great importance for international coordination and cooperation from the level of basic data supervision of shipping alliance to the level of supervision policy of shipping alliance. |
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