European Commission 19 October 1994, 94/980/EC: Commission Decision of 19 October 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.446 - Trans-atlantic Agreement) (Only the German, Danish, Dutch and English texts are authentic)

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European Union · · · Cited by 9 · 19-10-1994

PART I:THE AGREEMENT.
I.THE PARTIES.
(a)General.
(b)Tariff rates.
(c)Service contracts.
(d)Capacity management programme (CMP).
(e)Financial guarantee.
(f)Space/slot chartering and equipment exchange.
PART II:THE TRANSATLANTIC TRADE.
I.THE MARKET.
A.Sea transport.
(a)Technical analysis of the service.
(i)Unscheduled (tramp) transport.
(b)Geographical analysis of the service.
B.Land transport.
C.Organization of the sea transport market.
A.Supply.
B.Demand.
C.Imbalance between the eastbound and westbound sectors.
D.Utilization rates.
E.Freight rates.
F.Financial losses.
PART III:THE ROLE OF THE TAA.
I.ORIGIN OF THE TAA.
A.Conferences, outsiders and Eurocorde.
B.The genesis of the TAA.
C.The two types of members.
A.Market shares of the TAA.
B.The independent companies which are not members of the TAA.
C.Potential competition.
A.The impact on the structure of prices.
B.The impact on the level of rates.
C.Effect on the market.
D.The effect of the capacity management programme (CMP).
E.The European fleet.
PART IV:LEGAL ASSESSMENT.
I.ASSESSMENT IN THE LIGHT OF ARTICLE 85 (1).
A.Price-fixing agreements in respect of maritime transport.
B.Capacity non-utilization in respect of maritime transport.
C.Price-fixing agreements in respect of inland haulage.
D.Conclusion regarding Article 85 (1).
A.Block exemptions.
(a)Regulation (EEC) No 4056/86 and the Unctad Code of Conduct.
(b)The conference practices cited by the TAA.
(c)An agreement between conference and independents.
(d)Independent rate action.
(e)Conclusion.
B.Individual exemption for maritime transport agreements.
(a)The objectives of stability.
(b)The means used.
(c)Conclusion regarding the first test of Article 85 (3).
(a)Elimination of competition inside the TAA.
(b)Substantial part of the relevant market.
(c)Competition outside the TAA.
C.Individual exemption for inland haulage price fixing.
D.Conclusion.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.

94/980/EC: Commission Decision of 19 October 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.446 - Trans-atlantic Agreement) (Only the German, Danish, Dutch and English texts are authentic)

Official Journal L 376 , 31/12/1994 P. 0001 - 0056

COMMISSION DECISION

of 19 October 1994

relating to a proceeding pursuant to Article 85 of the EC Treaty

(IV/34.

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