Vessel Sharing Agreements Traduction
These legal systems have a well-defined mechanism for managing anti-competitive rules. The exceptions granted by these courts are concrete and are subject to certain special conditions and obligations. On the basis of its often obliterated past, where many political measures and similar exceptions have failed in terms of administrative inefficiency and ambiguity, the Indian government must address the ambiguities mentioned in the exceptions provided by Indian competition laws with respect to ship-sharing agreements. Otherwise, the results can be quite catastrophic, or the policy of excluding ship-sharing agreements can only be a new step for the Indian government, which, because of its own ambiguities and ambiguities, has failed to achieve the desired results. U.S. flag ship capacity operated by a participant and U.S. Flag Vessel Sharing Agreement (VSA) capacity of a participant. At this stage, it becomes very important to analyse the state of affairs in Europe with regard to the exemption of vessel-sharing agreements from competition law in the European Union. Under the legal order of the European Union, all agreements restricting competition in the market are prohibited under Article 101, paragraph 1,ix, and Article 101, paragraph 2, of the Treaty on the Functioning of the European Union (hereafter the EUSF). The Consortia Block Exemption Regulation[xi] (`CBER`) allows shipowners with a market share of less than 30%[xii] to enter into cooperation agreements for the provision of public freight services (known as «consortia» or consortia) in order to save such agreements from the application of anti-competitive agreements within the meaning of Article 101, paragraph 1, of the EU. Such an exemption from Article 101, paragraph 1, is provided under the CBER, on the grounds that the agreement between these shipping companies contributes to improving the production or distribution of goods or to promoting technical or economic progress and allows consumers to enjoy a fair share of the benefits that flow from it without eliminating competition [xiii].