Definition of Relevant Market in the Sea Transport Sector

Abstract: This thesis offers an overview of relevant market definition in the sea transport sector. The author examines the sea transport sector through the eyes of Article 82 EC and its inherent concept of relevant market definition. Two main questions are answered in this thesis: 1) How is the relevant market in the sea transport sector defined in EC competition law? 2) What must shipping companies take into consideration when defining it? The Community’s goal for the future of EC maritime trade is to – with the help of the Marco Polo programme –shift billions of tonnes kilometres from land transport services to sea transport services making transport in the Community more environmentally sound. The shifting consists of tens of per cent of tonnes kilometres which will naturally increase the frequency and thus importance of sea transport. It is the author’s view that along with this increase in sea borne trade will follow an increased amount of cases before the Commission, the Community Courts with regard to shipping and competition. Due to this future increase and due to the lack of Community case law on relevant market definition as regards the sea transport sector, the author’s finds that there is an acute need for an analysis with regard to this area. The thesis encompasses both relevant product market definition and relevant geographic market definition and encompasses six chapters. The first four chapters offer the reader an introduction to the concept of competition, an overview of competition law in the EC especially with regard to relevant market definition. The fifth chapter shows how the relevant market may be defined in the sea transport sector by examining how relevant markets have been defined in the case law of the Community Courts and how this market has been assessed by the Commission. The discussion is both analytical as well as speculative. The study ends with conclusions in chapter six.