| Relevant market, as a critical and specific concept in the implementation of the anti-monopoly law, has a very important position in the whole system of competition law. Research about the definition of the relevant market is the theoretical cornerstone of the anti-monopoly law. In China "the Shipping Law (Draft)" is under way, and the author chooses to study definition of relevant market in the maritime industry under the EU Competition Law, so this issue obviously has the important practical significance.The basic idea is to, through the analysis of general rules of the relevant market definition in the EU competition law and relevant factors specified in guidelines applying to maritime transport services, as well as the EU’s practice on this issue, make it clear that how to define the relevant market in the sea transport sector, and give some available suggestions for China’s shipping legislation and practice.The writing method of the paper is that application of the general rules of relevant market definition to the characteristics of shipping industry, and the combination of theory with legislation and judicial practice, to some extent, as well as the method of comparative analysis. The sources of EU competition law include EU legislation, case law, decisions of EU Commission and academic commentary. The legal judgments made by the European Court of Justice (ECJ) or the Court of First Instance (CFI) and the decisions given by the Commission which are cited in the paper, make the issue of definition of relevant market vivid up.The definition of relevant market in shipping service industry is lack of case law. Considering this problem, the author solves it as follows:first, search and choose some precedents which focus mainly on the general rules of the definition of relevant market; second, select cases with regard to transportation industry especially maritime transport services; third, according to the case, supplement a review or conclusion from other sources of law (such as the Commission’s decisions), plus the author’s own view and summary.The paper consists of six parts:The first chapter is about the sources of law and theoretical foundation of the EU shipping competition law.The second chapter introduces the basic theory of the relevant market. The main content is the concept, the function and the method of the definition of relevant market.The third chapter is about the Commission’s Notice on how to Define the Relevant Market. The notice indicates the general rules on relevant market of EU Competition Law.The fourth chapter is based on the Commission’s Guidelines on the application of Article 81 of the EU Treaty to maritime transport services. Through the analysis of the factors considered when defining certain relevant market, the author is to find the answer how to define the relevant market in shipping service industry.The fifth chapter focuses on two cases about relevant market definition in the maritime services, which show the EU practices in shipping relevant market to the readers.The last part of the paper summarizes the EU shipping competition law related relevant market issues, and puts forward suggestions for reference for China’s shipping legislation and practice. |
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