Ten Points to Rationalize and Restart the United States Maritime Industry
The Biden administration recently announced a renewed enforcement focus on consolidation and alliances in the maritime industry that may hinder competition and increase prices. While federal agencies historically have worked...more
In his March 1, 2022 State of the Union Address, President Joe Biden again emphasized his commitment to increased competition — this time directing attention to the ocean shipping industry. In support of this commitment, the...more
In late May, the Global Shipping Business Network (GSBN), a consortium of ocean carriers and terminal operators, filed a petition with the Federal Maritime Commission (FMC) to obtain an antitrust exemption under the U.S....more
On May 20, 2020, the Senate Committee on Commerce, Science, and Transportation approved S. 2894, the Federal Maritime Commission National Shipper Advisory Committee Act of 2019. ...more
Note from the Editor - Happy (almost) spring! Every year seems to be a new adventure and a new challenge, and this year, on top of the dramatic new International Maritime Organization 2020 bunker regulations that have now...more
• The Federal Maritime Commission Authorization Act of 2017 was signed into law by President Donald Trump on Dec. 4, 2018, marking the first substantive revision to the U.S. Shipping Act, 46 U.S.C. § 40101 et seq. (the...more
Media outlets have reported that the U.S. Department of Justice raided the maritime industry’s “Box Club” meeting, which is more formally known as the meeting of the International Council of Containership Operators. Box Club...more
In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more
Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more
The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more