CBER til revision: En interdisciplinær analyse af Consortia Block Exemption Regulation’s effekt på markedet for linjeskibsfart

Abstrakt

The purpose of this thesis is to examine the Consortia Block Exemption Regulation (“CBER") in the light of the current market situation and the aims of the internal market in the Treaty on European Union article 3(3), thus examining whether the block exemption is still fit for purpose.

The thesis concludes on the effects of CBER and its fulfillment of the aims. Hereby it recommends a solution for further contribution to the aims of TEU article 3(3) through regulation of the agreements covered by CBER. The thesis consists of three main parts. The first part is a legal analysis, in which it analyzes the conditions of CBER. This analysis investigates whether CBER’s conditions for consortia of carriers’ exemption from the prohibition of anti-competitive agreements in TFEU article 101(1) fulfills the 4 cumulative conditions required for this exemption following TFEU article 101(3). Further, the legal analysis examines whether CBER’s conditions contributes to the aims of TEU article 3(3) and to what extent.

The second part is an economic analysis. This part focuses on the block exemption’s effects on the competition and the consumer through industrial economics which contains variables such as supply, demand, and prices in an oligopoly. Moreover, the economic analysis takes the uncertainty of fluctuations in supply and demand in the industry into account.

The third part is an integrated analysis combining the economic and legal parts of the thesis. In this interdisciplinary process, the thesis uses legal policy in order to discuss, assess and propose the best solution to secure enhanced contribution to the aims of the internal market.

In conclusion, the CBER fulfils the cumulative conditions for exemption from the prohibition of cartels of TFEU article 101(3) and contributes to the aims of TEU article 3(3), however only in a limited manner. Further, the thesis concludes that CBER results in lower costs for carriers through economies of scale and improved utilization of capacity, resulting in lower pricing and derivative effects on the market for the benefit of the consumer. Finally, the thesis suggests making changes in the soft law connected to TFEU article 101(3) as to secure enhanced contribution to the non-economic aims of TEU article 3(3).