EU Shipping Law

Page 939


European Union merger control: shipping, ports and shipbuilding

A. Introduction

16.001 The European Union (“EU”) needs to be able to control, on competition grounds, the merger or acquisition1 of businesses2 in all sectors of the economy including the shipping, port and shipbuilding sectors. The EU has therefore adopted the Merger Control Regulation (often abbreviated as “MCR”, “EUMR” or “ECMR”), which is Council Regulation 139/2004 of 20 January 2004,3 so as to enable the European Commission4 to adjudicate on whether or not such transactions (i.e. “concentrations”) should be: (a) prohibited (i.e. not permitted to proceed at all);5 (b) allowed to proceed conditionally;6 or (c) permitted unconditionally.7 Of the three options, the unconditional approval is the

Page 940

most common outcome. This chapter considers the MCR as it relates to shipping, ports and shipbuilding.8 The chapter begins with an overview of the MCR and then analyses its application to the three sectors.9

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2023 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address c/o Hackwood Secretaries Limited, One Silk Street, London EC2Y 8HQ, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.