Voluntary cardiac care service shows how Janaushadhi kendras can go far beyond the sale of low-cost medicines The Commission considers on a preliminary basis that ship-sharing agreements are potentially restrictive of competition, but that they provide sufficient benefits to justify their exclusion from the prohibition of agreements restricting competition under the first rule of conduct where certain conditions are met. However, on the basis of the information received so far, the Commission is not in a position to find sufficient benefits from voluntary discussion agreements that would justify their exclusion, particularly in view of the very significant restrictions of competition that may result from price discussions between competitors. Other issues of great importance. Other issues that may be important for the maritime sector are the following. Analysis of the whole economy. Where an infringement of the first rule can be avoided if the advantages of efficiency outweigh the restrictions of competition, it is possible to avoid a breach of the first rule of conduct. The main analysis of the preliminary opinion is devoted to the conditions for exclusion from macroeconomic efficiency, the main objective being the block exemption proposal. The government has decided to exclude ship-sharing pacts between shipping companies from the jurisdiction of the fair trade regulatory authority, the Commission of India (ICC). The maritime industry has requested a derogation for these pacts from the ICC, which monitors unfair trading practices in the market. On 14 September 2016, the Hong Kong Competition Commission published a proposal for a block exemption for public consultation. The Commission proposes to confirm that ship-sharing agreements between shipping companies are excluded from the application of the first rule of conduct provided for in the Hong Kong Competition Regulation (Cap 619), subject to a number of conditions, including: (i) that the parties together do not represent more than 40% of the relevant market; and (ii) the agreements do not involve price coordination.
The Commission also issued a statement containing preliminary positions, in which it set out the reasons for the proposed injunction on the basis of the information gathered so far. In the same document, the Commission explains why it does not propose to include voluntary discussion agreements between shipping companies in the scope of the proposal for a regulation. ship-sharing agreements. If the order is accepted in its current form, the parties to these agreements may continue to operate, provided that they meet certain conditions. The Commission recognises that ship-sharing agreements may have a different scope. Accordingly, it lists a number of activities that would benefit from the exclusion. All these activities would be excluded if certain conditions were met. Voluntary discussion agreements. As already said, the Commission is not yet convinced that such agreements should benefit from a block exemption. Although the Commission does not explicitly exclude the possibility, the analysis contained in the preliminary opinion indicates that the Commission is unlikely to find any room for manoeuvre to apply the exclusion of economic efficiency to agreements or practices that envisage recommended prices or discussions on prices and conditions of sale between independent operators. The Commission`s approach to voluntary discussion agreements is different from that taken in Singapore, but reflects the same view as the EU and Malaysian competition authorities. Restriction of competition.
The declaration addresses only briefly the question of whether the relevant agreements would lead to a restriction of competition, which fell within the first rule of conduct. However, this brief discussion provides some useful elements, particularly with regard to ship-sharing agreements. Vessel Sharing Agreement (VSA) and Voluntary Discussions Agreement (VDA) are common practices in the maritime sector. The Commission`s proposal follows a request from the Hong Kong Liner Shipping Association, on behalf of the maritime industry, shortly after the regulation entered into force last year. . . .