As announced at the end of last year
(
of
20
November 2023), the UK's Competition and Markets Authority
confirmed that he will not advise the Secretary of State to
Business and Trade to replace the current CBER regulation
block exemption for consortia of
which will remain in force until next year.
25 April, with an equivalent British standard providing for
an exemption from competition law for certain forms of
cooperation between liner companies. The CMA's decision,
made official in recent days, follows the one taken last year
October from the European Commission
(
of
10
November 2023). The CBER Regulation has been introduced
by the European Commission in 2009 and has been maintained in the
legislation at the end of 2020 when the UK is
left the EU.
According to the CMA, cooperation between shipping companies
It is better and more effective when they are the same
maritime carriers to comply with existing competition rules
and, in particular, Chapter I of the Competition
Act of 1998. Otherwise - the authority specified
British Antitrust - The 114 airlines participating in
Consortium agreements currently exempted
should consider applying an exemption
by alternative category.
In this regard, the CMA noted that many
line navigation must already assess their own
compliance with competition rules, given that the
combined market share of the consortia in which they participate exceeds
thresholds allowed by the CBER Block Exemption.
Justifying the decision not to renew the validity
of the Regulation, the CMA recalled that
liner shipping to the United Kingdom, as part of a
single service, call at EU ports and
line that these services operate, given that the EU has decided to
their block exemption expire, they will have to consider
compliance with competition laws
of the EU, as well as having to consider compliance with EU laws,
on competition in the United Kingdom. Given that there is no
will apply no automatic exemption," the CMA explained
the value of an automatic exemption under UK law
It would therefore be significantly reduced.
The CMA's pronouncement was welcomed
by the British Freight Forwarders' Association
International Freight Association (BIFA): "Even if this
Changes in the rules, if implemented, will not put an end to consortia
and the alliances of the airlines - noted the director
BIFA's General Manager, Steve Parker - will allow for a
agreements and to ensure that the
airlines are fully subject to the
competition. This is appreciated by BIFA and its
and we ask the Secretary of State for Enterprise and the
Trade to support the agency's decision'.
"BIFA and its associates," Parker said, "do not
They are against liner shipping companies. Associates
know that shipping companies are essential parts of the
global supply chain and are confident that this decision will create a
appropriate balance between shipping companies as carriers and
associates as customers, leading to the creation of a long-lasting
stable and stable container shipping market
success, in the best interests of all those who are committed to
in international trade'.