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By Antonis Antapassis, Lia I. Athanassiou, Erik Rosaeg, Athanassiou, Rosaeg

Maritime festival as an fiscal phenomenon is at the moment motivated through a few elements either at ecu and foreign point. From a legislative perspective, the hot repeal of EC Reg. 4056/1986 impacts the remedy of horizontal agreements not just within the liner but in addition within the bulk area, which was once excluded until eventually lately from the scope of EC secondary festival ideas. besides the fact that, festival distortions will not be just a query of personal preparations. They emanate additionally from measures and practices incompatible with the liberty to supply prone, Member states' protectionism and foreign essential rules. This quantity relatively and comprehensively examines most of these matters, through bringing jointly contributions from exclusive lecturers. specific concentration is given on inner most transport cartels, the liberalization of cabotage and port prone, oblique competition-distorting components and the newest advancements on foreign rules of carriage of products through sea.

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J. Int’l L. , 1984, 1. Gordon J. , Shipping Regulation and the Federal Maritime Commission, in 37 Univ. Chicago L. , 1969, part. I, p. ; 1970, part. II, 256. Grewlich K. , Die UN Konvention über einen Verhaltenskodex für Linienkonferenzen, in 35 ZaöRV, 1975, 742. , in 27 J. Mar. Pol. & Mgmt, 2000, 363. , Shipping Conferences, London 1983, 7. Jansson J. , Liner Shipping Economics, London-New York, 1987. ), 1983. Kuyper P. , 1981, 73. Larsen P. S. Alternatives, in 13 L. & P. , 1981, 223. , «to Have One’s Cake…» - The Federal Maritime Commission and the Conferences, in 1 J.

2 of the Guidelines. 14 See particularly Notice on the Definition of the Relevant Market for the Purposes of Community Competition Law, OJ 1997 C 372/5; Guidelines on the applicability of Article 81 of the EC Treaty to horizontal co-operation agreements, OJ 2001 C 3/2; Notice on the Agreements of Minor Importance (de Minimis), OJ 2001 C 368/13; Guidelines on the application of Article 81(3) of the Treaty, OJ 2004 C 101/97; Guidelines on the effect on trade concept contained in Articles 81 and 82 of the Treaty, OJ 2004 C 101/8.

On the other hand, the case law which has been developed at EC level does not seem to allow the singling out of further cases for the non-application of the cartel prohibitions: in this vein. Suffice it to mention the outcome of the debates which took place in the aftermath of the entry into force of Regulation no. 4056/86, in particular with respect to the possibility of providing for a broad interpretation of the “technical agreements” excluded from the scope of application of Article 81 EC, capable also of encompassing agreements which, apparently technical in nature, had (side) commercial implications.

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