Encyclopedia Titanica

A sea of darkness: the Titanic and competition law - a historical and hypothetical perspective

Journal of Business Law

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This article examines the Titanic’s impact on competition law, exploring the liner industry before and during the Titanic era. It discusses the dominance of shipping cartels like the International Mercantile Marine Company (IMM) and rival Cunard, highlighting their collusive practices and regulatory challenges. The transition from sail to steamships, market concentration, and collusion shaped the maritime industry. The analysis speculates how modern antitrust frameworks might have influenced the industry’s evolution and potentially prevented the Titanic’s construction. Additionally, the article considers the tragedy’s aftermath, including its financial repercussions on IMM and Cunard, leading to the landmark 1916 US Shipping Act and shifts in maritime regulation. By connecting historical events to theoretical competition law applications, it provides a novel perspective on how the Titanic’s legacy influenced maritime industry structures and antitrust principles.

by Andrea Lista

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