Vessel Sharing Agreement Definition

[xiv] COMMISSION REGULATION (EC) No 906/2009 of 28 September 2009 regarding the application of Article 81, paragraph 3, of the EC Treaty to certain categories of agreements, decisions and concerted practices between shipping companies (consortia), Official Journal of the European Union, 29 September 2009, eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0906&from=EN. It is not necessary for each partner to have the same number of vessels. The space available for loading and unloading at each port of call is shared by the partners. It is therefore important that the government must clarify the ambiguities mentioned above for the correct and effective management of derogations from the VSA agreements. This is essential to improve the efficiency of India`s maritime industry. In order to clarify these ambiguities, it is possible to provide urgent assistance and reference to exemptions by category, as well as exemptions from ship-sharing agreements in different countries of the world, such as the European Union, Hong Kong, Singapore, etc., to name a few. These legal systems have a well-defined mechanism for managing anti-competitive rules. The exceptions granted by these courts are concrete and are subject to certain special conditions and obligations. On the basis of its often obliterated past, where many political measures and similar exceptions have failed in terms of administrative inefficiency and ambiguity, the Indian government must address the ambiguities mentioned in the exceptions provided by Indian competition laws with respect to ship-sharing agreements. Otherwise, the results can be quite catastrophic, or the policy of excluding ship-sharing agreements can only be a new step for the Indian government, which, because of its own ambiguities and ambiguities, has failed to achieve the desired results. Under the Vessel Sharing Agreement, two (or more) shipping companies agree to provide a fixed number of slots on certain vessels or routes. The amount of space each partner receives may vary from port to port and may depend on the number of vessels operated or placed by the various partners under the agreement.

[xviii] P. Manoj, Shippers Wary as India exempts vessel sharing pacts from anti-trust law, Livemint, Dec 27, 2013, www.livemint.com/Opinion/d5qWrgwTzOKlKMdF0b7rjM/Shippers-wary-as-India-exempts-vessel-sharing-pacts-from-ant.html . In a notification of July 4, 2018, the Ministry of Corporate Affairs (`MCA`) granted an extension of the existing exemption to vehicle-sharing agreements[i] (hereafter referred to as VSA) from the Competition Act,2002[ii] section 3 site, which deals with anti-competitive agreements.