The Convenience of Denouncing the Convention on a Code of Conduct for Liner Conferences
Click here to read the full article onlineThe purpose of this report is to analyze the implications of the Convention on a Code of Conduct for Liner Conferences (1974) regarding competition statutes and to provide an opinion on the convenience of denouncing said international treaty. The opinion concludes that, although the Convention does not contain provisions that expressly limit the application of competition on the liner shipping market, it is nonetheless convenient to promote its denunciation. In particular, the Convention contains provisions governing a situation that pre-dated the issuance of competition laws in most parts of the world and the Convention was promoted in an effort to limit the power of such conferences in commerce. In any case, there is no reasonable justification for fully exempting liner conferences from antitrust rules, moreover, in a context where the most representative jurisdictions in competition matters have maintained it would not generate benefits for the users of such services.