§ 535.311 Low market share agreements—exemption.
发布06-20
生效06-20
摘要总结AI 辅助解读
该条款定义了美国海运业中的“低市场份额协议”豁免机制。若船公司间的协议不包含特定受限权力（如§535.502(b)所列），且其在子航线上的合并货量市场份额低于30%（所有方均为含受限权力协议的成员）或35%（至少一方非此类成员），则视为低市场份额协议。此类协议豁免等待期，提交即生效，仅需缴纳规定费用。这为中小规模或特定结构的航运合作提供了快速合规通道。
- (a) Low market share agreement means any agreement among ocean common carriers which contains none of the authorities listed in § 535.502(b) and for which the combined market share, based on cargo volume, of the parties in any of the agreement's sub-trades is either:
- (1) Less than 30 percent, if all parties are members of another agreement in the same trade or sub-trade containing any of the authorities listed in § 535.502(b); or
- (2) Less than 35 percent, if at least one party is not a member of another agreement in the same trade or sub-trade containing any of the authorities listed in § 535.502(b).
- (b) Low market share agreements are exempt from the waiting period requirement of the Act and this part, and are effective on filing.
- (c) Parties to agreements may seek a determination from the Director, Bureau of Trade Analysis, as to whether a proposed agreement meets the general definition of a low market share agreement.
- (d) The filing fee for low market share agreements is provided in § 535.401(g).
[69 FR 64414, Nov. 4, 2004, as amended at 70 FR 20303, Apr. 19, 2005]