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International Shipping
UK competition body seeks input on block exemption regulation
Date:2023-01-24 Readers:
THE UK Competition and Markets Authority has launched a consultation on its recommendations to the government regarding a new regulatory framework to replace the European Union Consortia Block Exemption Regulation.


The CBER, which was retained in UK law following the UK’s withdrawal from the European Union, allows vessel-sharing agreements between container lines operating in consortia if certain conditions are met, and provide a legal framework of certainty under competition laws.


But with the European Commission reviewing the original CBER, which is due to expire next year, the UK began its own review last August.


“Following a preliminary review of the various issues, the CMA is proposing to recommend that the secretary of state replace the retained CBER with a Liner Shipping Consortia Block Exemption Order,” the CMA said in its consultation document. “The CMA has met with key stakeholders and taken into account the views expressed by representatives from the shipping and wider maritime logistics sector, including liner shipping firms, port operators, shippers, freight forwarders and relevant trade associations. As the legal and economic background has changed since the retained CBER first came into force, the CMA has considered whether the retained CBER regime and its objectives remain appropriate, taking into account the specific features of the UK economy and the needs of UK consumers.”


The CMA’s proposed recommendation is to replace the retained CBER when it expires in 2024 with a “broadly similar” exemption order, while making some amendments to improve the block exemption and provide clarity.


“The CMA is provisionally of the view that a liner shipping consortia block exemption remains a relevant and useful tool for businesses that increases legal certainty compared to a situation where businesses would have to rely solely on self-assessment,” it said. “Stakeholders, including some of those more critical of the retained CBER regime, have noted the efficiencies offered in theory by vessel sharing agreements.”


While some stakeholders representing shippers and forwarders considered that severe market disruptions, including the impact of higher freight prices and service delays, were directly caused or exacerbated by the retained CBER regime, other stakeholders consider that these market disruptions resulted from “exogenous market shocks”.


“Overall, the CMA has therefore not received sufficient evidence to justify letting the retained CBER expire without providing for its replacement,” it said.


The CMA considers that consortia agreements that fall below a 30% market share threshold are likely to continue to satisfy the requirements of exemption under the Competition Act.


“The CMA is provisionally of the view that the retained CBER remains a relevant and useful tool for businesses that increases legal certainty compared to a situation where businesses would have to rely solely on self-assessment.” It said responses to policy questions in the consultation would inform its final recommendation.


Comments are invited from interested parties and the consultation ends on February 23.

https://lloydslist.maritimeintelligence.informa.com/LL1143706/UK-competition-body-seeks-input-on-block-exemption-regulation

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