Research On Maritime Antitrust Exemption Mechanism Of Implementation

In2001December,the event of THC (Terminal Handling Charge), not only reflects china’s international shipping market is facing a serious problem of monopoly, but also reflects the anti-monopoly lawand regulations on international maritime transportation in dealing with such problems embarrassment and helplessness. Whether or not to give, how to give the international shipping industry antitrust exemption, concerns the overall situation of china’s economic development. In the current chinese shipping market competition order more confusion, shipping competition legal framework is incomplete, we show how to construct the applicable antitrust immunity to our shipping market development the actual implementation mechanism, the relationship between the balance scale economic development and shipping antitrust, maintaining china’s overall economic interests and the interests of the overseas market, critical. In addition to the introduction and conclusion, the full text with four chapters on shipping antitrust immunity implementation mechanism of explanation and demonstration analysis.The first chapter, a case leads to difficulties and challenges our shipping antitrust immunity mechanism encountered in practice, and develop a basic discussion on this issue. As an important core system of international shipping competition law, shipping antitrust immunity mechanism is in direct response to specific policy shipping practice, its great influence on international trade development and shipping market, it is an ancient system in use today, has its necessity and rationality of existence in. This part separately from the exemption mechanism for the implementation of the meaning, historical origin, necessity and significance of the presentation and discussion, in order to solve the mystery of the ancient regime, paving the way for the next analyses.The second chapter is the investigation and analysis of shipping antitrust immunitymechanism.Shipping antitrust immunity mechanism for implementation of production, and the national legislation departments in both the carrier. In addtional, shipper interest and the development of the whole industry results, the economic, political and other multiple colors, plays an important role in balancing interests between different subjects. In this part, based on the reality of our country, pointed out that the current regulations on international maritime transportation, anti monopoly lawand shipping antitrust immunity mechanism implementation status. In addition, this chapter through carries on the detailed introduction to the affair, the laws and regulations related to this paper gives a dialectical analysis. The hysteresis of shipping of anti-monopoly legislation in china and the problems, demonstrates the necessity of our country develop shipping competition law, and points out that the perfection of the relevant shipping antimonopoly exemption implementation mechanism of urgency.The third chapter of the united states and the European union shipping antitrust immunity implementation mechanism, the introduced specifically the analysis, elaborated the legislative practice and development trend of European shipping antitrust immunity mechanism.The united states and Europe to countries as a representative of the maritime power has always focused on marine anti-monopoly legislation, in this field, there are reference them in the shipping competition law concepts and experience. In addition, utmost ground to understand and master the relevant shipping competition of international rules, for improving the foreign trade competitiveness of our country, maintain the overall economic interests and the interests of overseas market also has a strong practical significance to promote. The mature legislative experience of Europe and the united states and shipping competition law, in order to further explore the establishment of the antitrust exemption in accordance with china’s actual development of the shipping market to lay the foundation for implementing mechanism.The fourth chapter introduces how to construct our country shipping antitrust immunity mechanism. Through the above chapters on china and Europe and the united states shipping antitrust immunity mechanism, has been clear in our shipping legislation is not perfect, especially in the applicable law of the lawless, more reflect the lack of our country shipping antitrust immunity implementation mechanism. Therefore,toconstructourshipping antitrust exemption system implementation mechanism, based on the practical situation of our country shipping market, in line with the international market at the same time, science and absorbing foreign successful legislation experience rationally, never achieve and sustain our shipping market fair, free competition order, to create a favorable system environment for our shipping market economy.