Article considérant 74

(74) La pratique des fighting ships est décrite dans la littérature maritime comme suit: « A "fighting ship" is a vessel placed on berth by the conference to sail in competition with a non-conference carrier. The "fighting ship" would be scheduled to sail on the same day as the "interlopers" vessel, or several "fighting ships" would bracket the outsider's sailings. The "fighting ship" would call at the same ports as the non-conference competitor, and it would charge the same or lower rates as the outsider even if such rates were well below the conference tariff. Financial losses of the "fighting vessel" would be distributed over the several members of the conference, who would each suffer proportionately much less than the one outside lines; furthermore, the conference members would often have the advantage of obtaining higher rates on their other sailings » (33). Dans le cas d'espèce, du fait de la fréquence des départs de navires membres de la conférence Cewal, celle-ci pouvait désigner des navires de combat sans altération des horaires prévus (34).