주요국의 해운업과 독점규제법의 문제점에 관한 비교분석

Economic Effect of Fishing Taxation on the Using of the Fisheries Resources

The purpose of this study aims to analyse the problems of the shipping industry and anti-trust law through the comparativeness of main countries. Although the shipping industry is very competitive, parts of the business have a history of collusion, notably the liner business and some of the specialist shipping segments. Even bulk shipping has various pools and cartels. Most countries have some legislation dealing with these issues, but the competition policy of the EU and anti-trust law in the United States are the two areas. Under US anti-trust laws, agreements which restrict competitions are illegal, but the US Shipping Act 1984 excluded liner conferences from US anti-trust law and allowed inter-modal rate making. However, the law placed severe limitations on conference activities. making closed conferences and loyalty rebates illegal. In addition, tariffs fixed by conferences operating into the US were required to be filed with FMC along with all service contracts, and made public. This changed the nature of the conferences operating on the Atlantic and the Pacific. Meanwhile, the repeal of the EU Regulation 4056/86 removed the block exemption with effect from 18 October 2008. From this date all shipping companies operating on routes into and out of Europe cannot operate in conferences that fix price and capacity. This will apply equally to EU and non-EU based carriers. Liner shipping conferences outside of Europe are not affected but are subject to their own anti-trust law. The competitiveness practice of the shipping industry are also subject to regulation, and the US and Europe are particularly active in this area. The principal area of concern is the liner conferences which fix prices and capacity levels. During the cargo liner era this was accepted as necessary to provide stable services and pricing, but with the advance of containerization the regulatory authorities are less willing to exempt the liner and tramp shipping industry from anti-trust regulations, and in 2006, for example, the EU made liner conferences and tramp shipping pools subject to its competition laws.