From The EU To China: Shipping Antitrust Immunity System

This thesis stems from the grand THC (Terminal Handling Charge) dissension in China in the period of year 2002 to 2006. The fruitless debate is the very result of the absence of rules of exemption from anti-competition in the maritime sector.Chapter one focus on the basic theories about antitrust exemption: firstly briefly introduces the definitions, characteristics and correlation of competition and monopoly, then analyzes competition law to indicate that utilizing scale economy and keeping market order build up the economic and legal basis of exemption system.Chapter two, firstly specializing 5 characteristics of liner shipping, argues it is this unique trade, a scale economy itself that requires special competition law treatment—the permission of monopoly existence to certain extent, then outlines the status quo of exemption in the trade by specifying 3 kinds of joint restrictive business organizations—liner conference, consortia/alliance and agreement.After brief introduction of current exemption systems in many countries, chapter three studies European Union's legislation and practice granting exemption: EC Treaty Article 81 and 82, Regulation No. 4056/86, No. 823/2000, No. 1017/68, Regulation 17 and now Regulation 1/2003, other related rules and regulations, and some...