chapter  13
The Application of the EU Competition Rules to the Marine Sector
ByAndrea Lista
Pages 39

The creation of the European Economic Community in 1957 started a process of economic integration which saw the Commission and the European Courts building a complex and extensive framework of competition law principles, which Member States are compelled to fulfil. This chapter considers these policy areas in turn below in conjunction with their application to the maritime sector. There is no reason in theory why Article 101 should not apply to maritime transport. Council Regulations (EEC) 4055/86 and 4058/86 ensured the application of the principle of freedom of services to the maritime transport sector. The Guidelines apply also to "cabotage" services intended as the provision of maritime transport services including tramp and liner shipping, linking two or more ports in the same Member State. Effect on trade between Member States is of particular relevance to maritime cabotage services since it determines the scope of application of Article 101 of the Treaty.