해운업에 대한 독점금지법의 적용범위

Abstract

The antitrust law generally applies to the anti-competitive restraints including abuses of monopolists, cartels etc. in order to remedy them and to promote free and fair competition in markets. However many countries such as U.S.A., EU, Japan, Australia, Singapore has adopted other national policies than the competition policy, which includes the protection of the national flag fleet, securing provision of universal service by common carriers hinder strict application of antitrust law to the maritime transport. For example, EU competition law has allowed block exemption for liner conference agreements. Recently, the Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) entered into force on 26 April 2010. The rationale for exemption of cartels in the maritime transport industry has been the belief that a conference brings stability to the trades which it affect. The Monopoly Regulation and Fair Trade Act(hereinafter “Fair Trade Act”) §58 provides general exemption from the Fair Trade Act as follows: This Act shall not apply to the lawful acts of an enterprise or an enterprisers’ organization conducted in accordance with other Acts and subordinate statutes. And the Marine Transport Act §29 allowed the agreements on cargo rates, allocation of vessels, stowage of cargo and other transport contract terms and conditions, which are in effect a price-fixing, market-sharing, or into the joint activities among operators of overseas cargo transportaion services. Under present international trend, It would be too rash to repeal the exemption for the maritime transport industry at the present, that is to say, they should remain for the time being.