Competition in transport by rail, road and inland waterway

This Regulation aims to define the procedure for applying competition rules to firms in these sectors by exempting certain agreements, decisions and concerted practices from the application of Article 81(1) of the EC Treaty.

ACT

Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway [Official Journal No L 175, 23.7.1968].

SUMMARY

Background

Within the framework of the rules on the implementation of the competition rules (I) and (II) and taking account of the specificities of the rail, road and inland waterway transport sector, the Regulation defines the procedures for applying the competition rules to firms in those sectors and exempts certain agreements, decisions and concerted practices from Article 81(1) of the EC Treaty.

Scope

The Regulation applies to agreements, decisions and concerted practices which have as their object or effect the fixing of transport rates and conditions, the limitation or control of the supply of transport, the sharing of transport markets, the application of technical improvements or technical cooperation, or the joint financing or acquisition of transport equipment or supplies where such operations are directly related to the provision of transport services and are necessary for the joint operation of services by a grouping of road or inland waterway transport firms. It also applies the abuse of a dominant position on the transport market.

Exemptions to the application of Article 81(1)

Agreements, decisions and concerted practices are exempted where they concern:

• technical agreements whose sole object and effect is the application of technical improvements or technical cooperation;
• groupings of small and medium-sized firms, where the individual capacity of each firm belonging to a grouping may not exceed 1 000 tonnes in the case of road transport or 50 000 tonnes in the case of transport by inland waterway.

However, if the implementation of agreements, decisions or concerted practices has effects which are incompatible with the requirements of Article 81(3), undertakings or associations of undertakings may be required to make such effects cease.

Following the entry into force of Regulation No 1/2003, which defined the transition from a centralised system of prior notification to a system of statutory exemption, the competition authorities, including the Commission, and the national courts have the task of enforcing compliance with and implementing the competition rules.

Last updated: 12.09.2007