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Article 101 of the Treaty on the Functioning of the European Union (TFEU)
Article 101(1) TFEU prohibits all agreements between businesses and concerted practices which may affect trade between European Union (EU) Member States and which seek to prevent, restrict or distort competition within the EU’s single market.
However, Article 101(3) TFEU allows for certain cases where Article 101(1) may be declared inapplicable where agreements may have certain social or consumer benefits, result in greater efficiency and do not distort competition.
The regulation concerns consortia* providing international liner shipping* services between EU ports and exempts their specific agreements, decisions and practices from the EU’s competition rules.
Exempted agreements
The following consortium activities are permitted:
Hardcore restrictions
The exemption above does not apply to a consortium that, directly or indirectly, alone or together with other factors under the control of the parties, seeks to:
Conditions for exemption
To qualify for the exemption, the combined market share of the consortium members in the relevant market in which the consortium operates must not exceed 30%, calculated by reference to the total volume of goods carried by the members within or outside the consortium. To qualify for the exemption, members of the consortium must have the right to withdraw from the consortium, subject to a maximum period of notice of 6 months, without any penalty, financial or otherwise. In the case of a highly integrated consortium, the maximum period of notice can be extended to 12 months.
It has applied since 26 April 2010. Its validity, originally until 25 April 2015, has been extended until 25 April 2024.
This regulation replaces Regulation (EC) No 823/2000 which expired on 25 April 2010. Although the justifications for a block exemption* for liner consortia are still valid, Regulation 906/2009 ensures a greater convergence with other existing block exemption regulations for horizontal cooperation whilst taking into account current market practices in the liner industry.
For more information, see:
Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)
Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (OJ L 256, 29.9.2009, pp. 31-34)
Successive amendments to Regulation (EC) No 906/2009 have been incorporated into the basic text. This consolidated version is of documentary value only.
last update 23.09.2021