News & Analysis as of

Shipping Cargo Shipping Antitrust Provisions

Kramer Levin Naftalis & Frankel LLP

The Ocean Shipping Antitrust Enforcement Act and Antitrust Scrutiny of Ocean Common Carriers

On Feb. 28, Rep. Jim Costa (D-Calif.) introduced proposed legislation[1] titled the Ocean Shipping Antitrust Enforcement Act (the Act), which would repeal 46 U.S.C. § 40307,[2] a statute conferring certain antitrust...more

The Volkov Law Group

Treasury, State Department and Coast Guard Issue Advisory and Guidance on Maritime Industry Deceptive Shipping Practices

The Volkov Law Group on

In response to an increase in deceptive shipping practices, on May 14, 2020, the State Department, Treasury Department and the Coast Guard issued a warning to the maritime industry, and those involved in the energy and metals...more

Proskauer - Blockchain and the Law

Another Blockchain Supply Chain Shipping Consortium Files for Federal Antitrust Exemption

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

Cozen O'Connor

Congress Takes First Step Toward FMC Advisory Committee

Cozen O'Connor on

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

Blank Rome LLP

MAINBRACE: March 2020

Blank Rome LLP on

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

K&L Gates LLP

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

K&L Gates LLP on

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 LLP

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

Holland & Knight LLP on

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

Holland & Knight LLP

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

Holland & Knight LLP on

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

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