In this case, the South American hamburg company Dampschifffahrts-Gesellschaft KG (“Hamburg Süd”) and CMA CGMS.A. (“CMA”) CADE asked whether the sharing agreement between them and Nile Dutch Africa Line BV (“NDAL”), any other competitor in the maritime freight market by sea, Vessel Sharing Agreement (“VSA”) constituted an associative agreement within the meaning of resolution 17/16. The latest agreement that started this year is the one between Maersk Line and MSC. They concluded the agreement with another number of ships, Maersk with about 110 and MSC with 75. A ship-sharing agreement is usually concluded between different container shipping companies that agree to operate a regular service along a given route with a number of ships. It is therefore important that the Government be required to clarify the above ambiguities to ensure the proper management and effectiveness of derogations from VSA agreements. This is very important to improve the efficiency of the Indian maritime industry. To remove ambiguities, it is possible to provide urgent assistance and reference to block exemptions, as well as derogations from ship allocation agreements in different jurisdictions around the world, such as the European Union, Hong Kong, Singapore, etc., to name but a few. These systems have a clearly defined mechanism for managing anti-competitive rules. The derogations granted by these legal systems are concrete and are subject to certain specific conditions and obligations[xxvii]. Drawing on its often erased past, where many similar directives and derogations have failed due to ineffective administration and ambiguity, the GOI needs to address the above ambiguities regarding exceptions under Indian competition law with respect to ship-sharing agreements. However, the granting of the VSAS waiver in India is mixed with its own shortcomings, particularly in relation to the exception granted to ship-sharing agreements or similar agreements in different parts of the world. A ship-sharing agreement is slightly different from that of an alliance, given that a ship-sharing agreement is usually dedicated to a specific trade route, with conditions specific to that route, while an alliance is global in nature and can encompass many different trade routes that normally apply under the same conditions.
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