This requirement of Article 81(3) should be regarded as being met when a consortium is in one or more of the three situations described below: ... - there exists within the conference within which the consortium operates a sufficient degree of effective competition in terms of services provided between consortium members and other conference members that are not members of the consortium, as a result of the fact that the conference agreement expressly allows consortia to offer their own service arrangements, e.g. the provision by the consortium. alone of a "just-in-time delivery" service or an advanced "electronic data interchange" (EDI) service allowing users to be kept informed at all times of the whereabouts of their goods, or a significant increase in the frequency of sailings and calls in the service offered by a consortium compared with that offered by the conference ...
