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Free Market Antitrust Immunity Reform (FAIR) Act of 2001 : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, second session, on H.R. 1253, June 5, 2002.
Liner conferences are among the oldest surviving cartels in the world. Created in the 1870s they have existed since on all the world's shipping routes. With the approval or tacit acquiescence of governments everywhere, they fix freight rates, control capacity and share markets. The United Nations Code of Conduct for Liner Conferences (1974) granted them global recognition and prompted the European Community to recommend Member States to join the Convention on the Liner Code (1979) and to grant them the most generous and extraordinary block exemption from EC antitrust rules ever (1986). The European Commission's administration of the block exemption has clarified some of its aspects and, to a certain extent, limited its scope; but until very recently, it has not questioned the appropriateness of the exceptionally lenient treatment of liner shipping cartels in the European Union. After a report by the OECD Secretariat (2002) recommending abolition of antitrust immunity for shipping cartels in member countries, the European Commission launched a review of the block exemption (2003) which has led to its repeal (2006). This book studies first the origins, the early history and the regulation of liner conferences in the world and in the European Community, focusing in particular on the Regulation which granted a block exemption to liner conferences. Then, it examines one by one the four conditions for a block exemption to be granted under EC law, and concludes that none of them is fulfilled by shipping cartels. Finally, it proposes some alternative scenarios and solutions for the adequate enforcement of antitrust law in the maritime sector once the block exemption has been repealed.
Witnesses: Alan Baer, pres., Ocean World Lines, Inc.; George Cashman, port div. dir., Internat. Brotherhood of Teamsters; John Clancey, chmn. of the board, Maersk, Inc.; Bob Coleman, pres., Total Logistics Resource, Inc.; Harold Creel, chmn., Fed. Maritime Comm. (FMC); Bill MacDonald, pres., KMJ Internat., Inc.; Janet McDavid, partner, Hogan & Hartson; John Nannes, Dep. Assist. AG, Antitrust Div., Dept. of Justice; Fran Pecquex, exec. sec. treasurer, Maritime Trades Dept., AFL-CIO; Timothy Rhein, chmn., Amer. Pres. Lines, Ltd.; Daniel Smith, sr. consult., Mercer Mgmt. Consulting, Inc.; Hugh Welsh, dep. gen. counsel, the Port Auth. of N.Y. & N.J.; & Delmond Won, Comm., FMC.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.