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Antitrust policy and liner shipping industry: complexity variations since 1916

Author

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  • Marie Douet

    (MATRiS - Mobilité, Aménagement, Transports, Risques et Société - Cerema - Centre d'Etudes et d'Expertise sur les Risques, l'Environnement, la Mobilité et l'Aménagement - CY - CY Cergy Paris Université, CETE Ouest - Centre d'études techniques de l'équipement Ouest - Avant création Cerema)

Abstract

Among complexity factors facing shipowners, the regulatory pressure does play a role constituting a major part of firms'institutional framework. This pressure varies over time and space : depending on epochs, places, agents, it speeds up or brakes the evolution of firms'business models and facilitates or impedes cooperative games between partners. Great maritime countries have all been committed in antitrust policy about anticompetitive conduct in liner shipping industry for many decades. The first antitrust laws at the end of the nineteenth century immediately rose the case of liner shipping since agreements between liner shipowners such as conferences were heavily concerned. The first law dealing with liner shipping companies enacted in 1916 by the US federal government granted antitrust immunity to agreements so long as a few precise requirements were satisfied. The USA are the first country to have addressed anticompetitive practices in liner shipping when other nations ignored the issue (France) or had rapidly considered the matter closed (United Kingdom). Several countries have copied the US model. After having copied the US model for more than 20 years, the European Union enacted in 2008 a sweeping reform which drops the antitrust immunity it had previously granted to agreements in liner shipping. This paper focuses on complexity fluctuations emerging from antitrust policies in liner shipping over a long period of time. Based on the US and EU examples, it discloses the influence of a pilot lawmaker and highlights key links between institutional frameworks and organizational agreements.

Suggested Citation

  • Marie Douet, 2013. "Antitrust policy and liner shipping industry: complexity variations since 1916," Post-Print hal-04208094, HAL.
    • Handle: RePEc:hal:journl:hal-04208094
    as

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