Study On Anti-monopoly Exemption System Of Consortia

About 80% international transport of goods is carried by sea. Carriage by sea can be divided into liner shipping and shipping by chartering. With the development of containerization, liner shipping is gradually becoming the main form. Consortia generated in this environment and it is developing and expanding. Now consortia are becoming the main mode of liner companies. But we also find that compare with the skyrocketing development of consortia, each country’s legislation on consortia and anti-monopoly exemption system is relatively backward. Their legislation just regulates anti-monopoly exemption system of liner shipping industry and even some countries conduct unified regulation for all market, with no regard to the special nature of liner shipping industry. Only a very few countries make special provisions for consortia itself and its anti-monopoly exemption system.Now major liner shipping companies are actively seeking joint venture. Consortia are more and more popular, so the research on the consortia and its anti-monopoly exemption system is of great significance.This article includes introduction, body and conclusion. The body has four chapters.The first chapter is about anti-monopoly exemption system of liner shipping industry. This chapter introduces the generation of the anti-monopoly exemption system combined with the special nature of the liner shipping industry. It analyzes the reasons why liner shipping industry has the exception of anti-monopoly.The second chapter describes the basic situation of consortia, including its characteristic, generation and development.It analyzes the legal nature of consortia by the differences of consortia, liner conference and rate discussion agreement.The third chapter introduces the law of European Union and United States. Particularly the European Union has special provision of anti-monopoly exemption system of consortia.While both the European Union and the United States regulate anti-monopoly exemption system of consortia, the two provisions are completely different. The two different legislative modes provide valuable experience when we establish related systems.The fourth chapter describes the existing regulation relates to anti-monopoly exemption system of consortia in our country. Although the existence of the system is still controversial, these laws and regulations give us some basis. The article analyze the deficiencies of existing rules and make some recommendations for the legislation of shipping law, especially the establishment of anti-monopoly exemption system of consortia.