Abstract
On 18 October 2006, tramp shipping pools became subject to the enforcement powers of the European Commission by the adoption of Council Regulation 1419/2006. The changes brought about by Council Regulation 1419/2006 generated huge waves in the shipping industry. Council Regulation 1419/2006 repealed Council Regulation 4056/86 and amended Council Regulation 1/2003 by including in its scope international tramp services. As arguably the most common type of arrangement in the tramp sector, it is interesting to see which challenges tramp shipping pools now face. The Guidelines on the application of Article 101 TFEU (previously Article 81) to maritime transport services provide some assistance to tramp shipping pool participants needing to determine whether their arrangement is in compliance with competition law rules by conducting a self assessment of their arrangement. This thesis will exclusively focus on self assessments of tramp shipping pools. Whilst the Guidelines on the application of Article 101 TFEU to maritime transport services will be to a certain extent assessed, this will only be done in the prevailing analysis of typical clauses of a tramp shipping agreement. These clauses will be the subject of an assessment under Article 101 TFEU and the step by step analysis required to determine whether they infringe Article 101 TFEU. The second chapter of this thesis will expand on the rationale behind self assessments as evidenced by the enforcement and investigative powers of the European Commission along with possible enforcement actions by individuals. The third chapter of this thesis will analyse the legal framework necessary to conduct a self assessment as conducted in the fourth chapter which will examine typical clauses of a tramp shipping pool agreement. The fifth chapter will go into the structural alternatives to tramp shipping pools and best practice options that need to be considered during the course of a self assessment.