Anti-competitive information exchange in liner shipping
This issue of MarIus contains my master thesis, as it was delivered in December 2022, written as part of the LLM Maritime Law program at the University of Oslo. Addressing the general prohibition against anti-competitive cooperation in the European Union (Article 101 TFEU) applied to liner shipping, the topic is relevant both to legislators and companies when assessing the competitive situation of the sector.
Historically, the liner shipping companies have enjoyed atypical application of the EU competition rules, normalizing the exchange of various information between competitors. Simultaneously, the EU bodies continue to address sophisticated forms of information exchange as pursuing anti-competitive objectives or effects. These developments have resulted in practices and cooperation between liner shipping companies which may conflict with the interpretation of Article 101 TFEU.
Constructive criticism has been vital to my work, the most prominent from my academic supervisor, Alla Pozdnakova. Special gratitude is also due to the law firm Simonsen Vogt Wiig, offering me a vibrant working environment for discussions throughout the writing process, as well as invaluable feedback from partner Jan Magne Langseth. Finally, my family, friends, and colleagues have offered great support and insight. Thank you.
Asbjørn Østby, April 2023.