In a notification dated July 4, 2018, the Ministry of Corporate Affairs (MCA) has granted an additional three year extension to the Vessel Sharing Agreements Exemption (VSA Exemption) in the liner shipping industry. This exempts VSAs from scrutiny under Section 3 (i.e., anti-competitive agreements) of the Competition Act, 2002 (as amended) (Act). This extension, which is a furtherance of international best practice, has come as a source of relief to the liner shipping industry, given that the last extension of the VSA exemption expired on June 19, 2018. The expiry of the previous exemption had led to speculation regarding the status and future of the VSA exemption.
The Ministry of Corporate Affairs, Government of India has again extended the exemption granted to Vessels Sharing Agreements (VSA) of Liner Shipping Industry from the provisions of Section 3 (i.e., anti-competitive agreements) of the Competition Act, 2002 (as amended) (Act) for a period of one year, with effect from 20 June 2017 (VSA Exemption). The VSA Exemption applies to carriers of all nationalities operating ships of any nationality from any Indian port as long as such agreements do not include concerted practices involving fixing of prices, limitation of capacity or sales and the allocation of markets or customers.