Düzenli hat denizyolu taşımacılığı işbirlikleri ve ilgili rekabet mevzuatına ilişkin karşılaştırmalı bir çalışma

Economics, management and legal sciences are in constant interaction. A change in one of these disciplines affects others. Competition is the one of the good examples of this interaction. During the industrial revolution, the economists had supported the self-regulated market rules and state that the government should not interfere the market conditions. Based on this assumption, governments had avoided controlling market and companies had established strategies without any government intervention. This idea had triggered the monopolies after the industrial revolution. As a result of the discriminatory practices of monopolies, the smaller firms began to disappear and consequently social welfare has been damaged. States, with the support of economists, have enacted competition law rules with the purpose of preventing discriminatory practices of monopolies. Soon after the competition regulations, companies have implemented collaboration strategies in order to share risks and assets. The collaborations are also in the scope of competition regulations. Discriminatory strategies and abuse of dominant position of the collaborations are forbidden by competition law. Liner shipping companies have followed the collaboration strategy trend and implemented conferences, strategic alliances and mergers. In order to promote the liner shipping industry, the governments have given immunities via excluding them from competition regulations. Today the legal authorities are discussing the necessity of the immunities and several governments have already removed the exemptions, while a few continued to give limited privileges. By considering all of these, in this thesis, firstly, place of collaboration strategies in the strategic management science and the liner shipping collaboration strategies are discussed. Secondly, the U.S. and E.U. competition regulations and related cases are studied in the frame of cartels and abuse of dominant position. Finally, the governing regulations about liner shipping collaborations of the U.S. and E.U. legislation are studied and leading cases of the U.S., E.U and Turkey are compared with each other to draw a road map for Turkey about how the liner shipping collaborations shall be regulated in order to promote the Turkish National liner shipping fleet. Keywords: Collaboration Strategies; Competition Law; Cartel; Abuse of Dominant Position, Liner Shipping.