The French Competition Council rejects a request for interim measures relating to alleged anti-competitive practices between a joint venture a and one of its parent companies on port facilities (AP Moller-Maersk / Port of Le Havre)

Background This case arose out of the "Port 2000" initiative, a project which was initiated in the 1990s with the aim of tripling the capacity of the port at Le Havre by adding new berths and several terminals. Global shipping company AP Moller-Maersk ("APMM") and Perrigault group, a French provider of port-handling services, formed the 50/50 joint venture Terminal Porte Océane SA ("TPO") which subsequently obtained a concession for the operation of one of the new terminals. The Memorandum of Agreement between the two parent companies ("MoA") specified that the primary customers of TPO were to be container shipping lines belonging to the APMM group. Supplementary volumes from other shippers could be accepted only subject to, inter alia, the terms of a non-compete clause which

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Sergio Sorinas, Christine Jorns, The French Competition Council rejects a request for interim measures relating to alleged anti-competitive practices between a joint venture a and one of its parent companies on port facilities (AP Moller-Maersk / Port of Le Havre), 31 July 2008, e-Competitions Interim measures, Art. N° 26799

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