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Research on the Antitrust Immunity System of International Shipping

Author: WangDeQing
Tutor: TangQingYang
School: Southwest University of Political Science
Course: International Law
Keywords: Liner shipping Competition and monopoly Antitrust Antitrust exemption Regulation
CLC: D922.29
Type: Master's thesis
Year: 2010
Downloads: 122
Quote: 2
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Abstract


Competition and monopoly economics important concept. A lot of economic theory described this group concept. The market structure is complex, perfectly competitive market is unlikely to exist in reality, while there are competition and monopoly. Competition and monopoly are two sides. As excessive market competition will lead to disorderly; monopoly is also has its positive side. Legal economy based economic theory will always affect the law as superstructure. Antitrust immunity system of the international shipping industry is the basis of the international shipping industry and well received by the international shipping industry. Both traditional maritime countries, or modern shipping powerhouse important pillar industry in the international shipping industry established antitrust immunity system. Has the significance of the positive aspects of monopoly, which is the logical basis for the presence of anti-monopoly exemption. Everything has two sides, the monopoly is also positive and negative combination. Antitrust should be against the monopoly of the negative aspects. Therefore, the positive effects and negative effects of the contrast weigh monopoly, When the monopoly meet the people get more benefits, we can apply for antitrust immunity system. Antitrust immunity system of the international shipping industry has a long history, the necessity and value of its existence has been controversial. Currently, trend utilities deregulation made, we should understand the value of such a system, in order to determine whether the establishment of the system. In this paper, a total of 30,004 words, in addition to the introduction is divided into five parts. Introduction is a basic overview of the international shipping industry, discusses the main characteristics of the international shipping industry and the liner shipping market. The first part of the discussion on the general provisions of the United States, the European Union and China's anti-monopoly and anti-trust exemption. Since the antitrust immunity system of the international shipping industry is an important manifestation of the antitrust immunity in the international shipping industry. This section describes the antitrust laws in the United States per se illegal principle and the principle of reasonableness, and 81 of the EU Treaty, (3) the general provisions of the antitrust exemption. The second part of the discussion about antitrust immunity system of the international shipping industry. Antitrust general antitrust exemption is the exception. Antitrust immunity system as an exception to the international shipping industry, including the substantive criteria and forms of program conditions. Only a limited waiver of the behavior in order to meet the statutory conditions. The United States is the modern shipping power, there are many countries in the European Union is a traditional shipping power, therefore, this section is devoted to the antitrust immunity system of the international shipping industry in the two systems. The third part discusses the antitrust immunity system of the international shipping industry and the differences and relations of the general anti-monopoly exemption system. The international shipping industry antitrust exemption system embodies the general principles of antitrust immunity system, but they are in terms of value, means of legislative provisions. The fourth part is about the value of antitrust immunity system of the international shipping industry. To resolve antitrust immunity system of the international shipping industry, from the social and economic aspects of antitrust immunity system of the international shipping industry is to meet the social level, the economic level of demand. The part highlighted antitrust immunity system is a reflection of the international shipping industry economics characteristics of the international shipping industry. Antitrust immunity system of the international shipping industry is a multi-stakeholder coordination results. The establishment of the system of legislative bodies to consider the results of the shipping companies and the interests of shippers and the development of the industry as a whole, itself contains factors of the economic, social and other aspects. The fifth section discusses the current international trend of deregulation system as well as development of the antitrust exemption regime under the international shipping industry in this trend. Market failure and government failure theory of market mechanisms and government regulation both defects, the international shipping industry should be the competent authority, the regulation means to coordinate the two mechanisms, in order to facilitate the development of the international shipping industry. This section also raised antitrust immunity system of the international shipping industry in China should be explicitly exempted from the scope of the recommendations of the coordination responsibilities of regulatory agencies.

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