| Competition law, as it applies to the maritime industry has on a global scale been subject to a "laissez-faire"-attitude. In fact, collusion has been encouraged. Collusion in the maritime industry has its historic origin in the colonial period. The evolution within this particular industry truly is a study in industrial organizational structure.; This Thesis sets out to explain and analyze the current regulatory scheme of the European Union, as it applies to the maritime industry (European, as well as non-European). This is accomplished through an in-depth statutory interpretation of EU Council Regulation 4056/86 dated 22/12 1986, laying down detailed rules for the application of Articles 85 and 86 of the Treaty of Rome to the maritime transport (Conferences), as well as the Commission Regulation 870/95 dated April 20, 1995 on the application of Article 85(3) of the Treaty of Rome to certain categories of agreements, decisions and concerted practices between liner shipping companies (Consortia).; This Thesis concludes that the former regulatory scheme is no longer up to date and thus requires replacement. The Thesis favours current developments within the maritime industry which call for increased co-operation and concentration among the carriers and providers of services (as well as co-operation as between the carriers and shippers), counter-balanced by restrictive regulation through the application of conditions, market share-restrictions and a limited five year application of the regulatory framework.; The former regulatory scheme, Council-Regulation 4056/86, which remains in force, must therefore be interpreted restrictively, and in accordance with the provisions of the Treaty of Rome, in particular Articles 85 and 86.; Finally, this Thesis provides various solutions to soften the impact of full-scale application of the competition law of the European Union, as it will be applied in the maritime industry. |
