论欧美航运反垄断豁免制度的改革与我国航运法制的走向

The Reform of EU and US Antitrust Exemption Regimes and China＇s Shipping Legislation Tendency

欧美航运法制都基于航运经济的变化对航运反垄断豁免制度进行了改革，但两者的改革进程不尽相同。以班轮公会反垄断豁免为例，欧盟通过合理考察后予以废除，美国目前仍对其采用认可并严格限制的策略，然两者都积极赋予联营协议以及联营体等新型航运联营组织以反垄断豁免。受欧美改革的影响，我国航运法制应以本国航运经济为基础，审核立法现状，摒弃《中华人民共和国国际海运条例》中零散的规定，在注重与《中华人民共和国反垄断法》相协调的情况下，借鉴欧美改革之经验，明确并完善我国的航运反垄断豁免规则，同时于理论层面上明确在未来航运经济发展成熟之际，严格限制或取消航运反垄断豁免制度的立法走向。

In order to adapt to the changes in the shipping economy, both the EU and the US have reformed their antitrust exemption regimes. However, they are in different stages of their reforms. For instance, the EU has repealed the antitrust exemption for liner conferences after due investigation; in contrast, the US still acknowledges such exemptions while imposing strict restrictions on them. Nevertheless, both the US and the EU have actively granted antitrust exemptions to consortia agreements, as well as new business frameworks of cooperation between liner services operators like consortia. Considering the reforms in the EU and the US and the current status of legislations in China, China＇s shipping legislation should be grounded in its own shipping economy and should remove the stipulations scattered in the Regulations of the People＇s Republic of China on International Maritime Transportation. Endeavoring to be consistent with the Anti-Monopoly Law of the People＇s Republic of China, China should specify and improve its antitrust exemption rules for ocean shipping while drawing lessons from the reforms carried out in the ELI and the US. Furthermore, it should make plain at the theoretical level that, when China＇s shipping economy turns mature, it should move towards placing strict limitations on, or abolishing, its antitrust exemption regime for ocean shipping.