EC requests comments on antitrust reform, market data

EC requests comments on antitrust reform, market data    The European Commission’s competition directorate Wednesday wrote to industry consultants and market information providers to seek views on potential antitrust immunity reforms of ocean carriers in Europe as it relates to a possible carrier immunity to gather industry data.
   The EC confirmed it is considering ending the conferences' exemption, as outlined in its recent “white paper” proposal.
   The Brussels-based competition body cited a request made by the European Liner Affairs Association carrier group for a new European law that would grant carriers a narrower immunity to set joint surcharges and compile price and capacity statistics, but with no authority to discuss and agree on rates. The European Shippers Council has said that while it agrees on the elimination of conferences’ pricing immunity, it questions the need for any immunity for carriers to set surcharges and gather statistics.
   “The next step of the process is to determine other forms of cooperation in the liner shipping industry that could possibly serve as an alternative to the present liner conference system,” the EC said in its letter. It hopes information gathered from consultants and data providers will allow the commission to make an adequate assessment of possible alternative reforms and to evaluate if a new “legal instrument” is required to replace the current Regulation 4056/86.
   The EC competition directorate has asked consultants and information providers to reply to a set of questions by Dec. 15. The questions mainly address the availability and reliability of public market data to assess market changes such as capacity forecasting, market developments, prices, surcharges and charges.
   The EC also said it would particularly be interested in hearing both from the supply side (carriers represented by the European Liner Affairs Association and others) and from the demand side (freight forwarders and shippers) on their needs.