Competition (Block Exemption for Liner Shipping Agreements) Order

the volume of goods carried; or

the aggregate cargo carrying capacity of the vessels operating in the market measured by freight tonnes or 20-foot equivalent units.

the parties to the agreement do not exceed the market share limit in the market;

a vessel sharing agreement; or

a price discussion agreement for the provision of feeder services;

the agreement allows the parties to the agreement —

to offer, on the basis of individual confidential contracting, their own service arrangements; and

to withdraw from the agreement on giving any agreed period of notice without financial or other penalty such as, in particular, an obligation to cease providing liner shipping services in a market, whether or not coupled with the condition that such activity may be resumed only after a certain period has elapsed; and

the agreement does not require any of the following activities to be undertaken by the parties to the agreement:

mandatory adherence to a tariff;

the disclosure, whether to other liner operators or otherwise, of confidential information concerning service arrangements.

the agreement satisfies the conditions specified in sub‑paragraph (1)(aa), (b) and (c);

subject to sub-paragraph (3), the parties file with the Commission, in such mode and manner and within such period of time as may be specified by the Commission —

a copy of the agreement and any variation or amendment thereto; and

where any variation or amendment is made to the agreement from time to time subsequent to the filing of the documents referred to in sub-paragraph (i) —

such variation or amendment; and

the agreement and all preceding variations or amendments thereto;

the parties make available upon request to the Commission, in such mode and manner and within such period of time as may be specified by the Commission, documents and details relating to —

any tariff;

the structure and service level of the liner shipping services; and

other aspects of the liner shipping services,under the agreement relevant to the market;

the parties make available to transport users, within such period of time as may be specified by the Commission, information concerning —

any tariff; and

the structure and service level of the liner shipping services,under the agreement relevant to the market, as the Commission may specify —

by allowing for the examination of documents at the offices in Singapore of the parties or their agents; or

at a publicly available internet website,and, in any event, upon request at a reasonable cost in paper or electronic form; and

the parties notify —

the Commission of the details of any variation or amendment made from time to time to the documents and details referred to in sub-paragraph (c); and

transport users of the details of any variation or amendment made from time to time to the information referred to in sub-paragraph (d),in such mode and manner and within such period of time as may be specified by the Commission.

there has been a breach of any condition specified in paragraph 5(1)(b) or (c); or

the agreement ceases to be of a type mentioned in paragraph 5(1)(aa), then the exemption under paragraph 5(1) or (2) (as the case may be) is cancelled from the date specified by the Commission.

there is a failure to comply with any obligation specified in paragraph 5(2)(b), (c), (d) or (e); or

the Commission finds in a particular case that the agreement has effects which are incompatible with the provisions of section 41 of the Act,the Commission may cancel the exemption under paragraph 5(1) or (2), as the case may be, from such date as the Commission may specify.