Council Regulation (EEC) No 4057/86 of 22 December 1986 on unfair pricing practices in maritime transport
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Change 1
Article 4 Examination of injury
1. Examination of injury shall cover the following factors: (a) the freight rates offered by Community shipowners' competitors on the route in question, in particular in order to determine whether they have been significantly lower than the normal freight rate offered by Community shipowners, taking into account the level of service offered by all the companies concerned; (b) the effect of the above factor on Community shipowners as indicated by trends in a number of economic indicators such as: — sailings, — utilization of capacity, — cargo bookings, — market share, — freight rates (that is depression of freight rates or prevention of freight rate increases which would normally have occurred), — profits, — return of capital, — investment, — employment. 2. Where a threat of injury is alleged, the Commission may also examine whether it is clearly foreseeable that a particular situation is likely to develop into actual injury. In this regard, account may also be taken of factors such as: (a) the increase in tonnage deployed on the shipping route where the competition with Community shipowners is taking place; (b) the capacity which is already available or is to become available in the foreseeable future in the country of the foreign shipowners and the extent to which the tonnage resulting from that capacity is likely to be used on the shipping route referred to in (a). 3. Injury caused by other factors which, either individually or in combination, are also adversely affecting Community shipowners must not be attributed to the practices in question.
Article 4 Examination of injury
1. Examination of injury shall cover the following factors: (a) the freight rates offered by Community shipowners' competitors on the route in question, in particular in order to determine whether they have been significantly lower than the normal freight rate offered by Community shipowners, taking into account the level of service offered by all the companies concerned; (b) the effect of the above factor on Community shipowners as indicated by trends in a number of economic indicators such as: — sailings, — utilization of capacity, — cargo bookings, — market share, — freight rates (that is depression of freight rates or prevention of freight rate increases which would normally have occurred), — profits, — return of capital, — investment, — employment. 2. Where a threat of injury is alleged, the Commission may also examine whether it is clearly foreseeable that a particular situation is likely to develop into actual injury. In this regard, account may also be taken of factors such as: (a) the increase in tonnage deployed on the shipping route where the competition with Community shipowners is taking place; (b) the capacity which is already available or is to become available in the foreseeable future in the country of the foreign shipowners and the extent to which the tonnage resulting from that capacity is likely to be used on the shipping route referred to in (a). 3. Injury caused by other factors which, either individually or in combination, are also adversely affecting Community shipowners must not be attributed to the practices in question.
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