The Study Of International Shipping Antitrust Exemption

Shipping industry has an important role in the ecnomic and internationl trade development of a country. Also, it has a close relation to the national defence power. The thesis stems from the THC (Terminal Handling Charge) dissension in China in 2002. It introduces the relate theories of antitrust exemption. According to the analysis of the antitrust exemption in European Union (EU) and America, the thesis discuss if it is necessary to establish the antitrust exemption. If we do it, how to design.In the condition of ecnomic globalization, we must learn the advanced law system in the world. The shipping competition law of EU and USA is relatively perfect. A ccording to the study of the antitrust exemption in EU and USA, we can establish the antitrust exemption of our country, and harmonize the relationship of antitrust and scale ecnomic. It helps to the ecnomic and public benefits of our coutry.The thesis studies the following contents:Chapter one focus on the basic theories about antitrust exemption. Competition is the soul of market ecnomic, but free competition leads to monopoly easily. All the countries in the world strictly limit the monopoly. But the international shipping industry is special, the laws of all the countries allow the antitrust exemption of it. The antitrust exemption of the international shipping industry has some particular features. Such as, it belongs to block exemption, and it is a kind of exemption to anti-competitive practice. International shipping agreement organization includes liner conferences, discussion agreements and operational agreements.Chapter two introduces the antitrust exemption of EU and USA. The antitrust exemption embodies in the 4056/86 byelaw in EU. Ocean shipping reform act of 1998 stipulates the uniform shipping price and loyalty contract.Chapter thee analyses the process of discussion and abolishment to antitrust exemption. EU committee considers a lot of correlative factors. According to study the key problems of the liner conferences antitrust exemption, EU committee concludes to abolish the 4056/86 byelaw.Chapter four analyses the THC dispute of our country in 2002. There is no stipulation about antitrust exemption in our law, so the dispute is solved after four years. According to the analyses of the THC dispute, the thesis conceives the antitrust exemption of our country.In a word, the shipping law in our country is deficient. We must think much of the antitrust exemption. We should not award the antitrust exemption to liner conferences, and stipulate the antitrust exemption of operational agreements. This kind of stipulation can promote the coorperation of the shipping corporation, and it can play an important role in our shipping industry.