COMPETITION AND CONSUMER ACT 2010 - SECT 10.51 Determination by Minister of market power of ocean carriers

COMPETITION AND CONSUMER ACT 2010 - SECT 10.51

  (1)   Where:

  (a)   the Commission reports to the Minister under section   10.50 that an ocean carrier has a substantial degree of market power in the provision of outwards liner cargo shipping services or inwards liner cargo shipping services on a trade route otherwise than because the ocean carrier is a party to a conference agreement; or

  (b)   an ocean carrier agrees, in writing, to the Minister giving a direction under this subsection in relation to the ocean carrier in relation to a trade route;

the Minister may direct the Registrar to register the ocean carrier as a non - conference ocean carrier with substantial market power in relation to the trade route.

  (2)   Where the Minister gives a direction under subsection   (1), the Registrar shall immediately enter particulars of the ocean carrier and the trade route in the register of non - conference ocean carriers with substantial market power.

  (3)   A direction under subsection   (1) must be in writing, and the Registrar shall serve a copy of the direction on the ocean carrier concerned.