Federal Maritime Commissioners Carl W. Bentzel and Max M. Vekich have written key Members of Congress to induce altering the regulation in a approach that will permit the FMC to ban agreements filed with the fee by ocean carriers and terminal operators from robotically going into impact.
“Congress provided the Commission with important additional authorities in the Ocean Shipping Reform Act of 2022, but there is more that can be done to assist U.S. shippers,” mentioned Commissioner Vekich. “Commissioner Bentzel and I strongly believe that modifying the process by which the Commission reviews agreements under 46 U.S.C. § 41307(b) would substantially strengthen the Commission’s oversight of potentially anti-competitive agreements. Such modifications would complement the extensive monitoring process applicable to the major shipping alliance agreements.”
Currently, the FMC by itself can’t cease an settlement from going into impact, despite the fact that the Commission, because the skilled unbiased regulatory company, determines it to be unreasonably anti-competitive. The Commission should file an motion within the U.S. District Court for the District of Columbia and persuade the courtroom to subject an injunction.
CUMBERSOME AND TIME-CONSUMING
“We believe the Commission should have the authority to disapprove agreements between or among ocean common carriers and marine terminal operators. Experience has shown that this process is cumbersome and time-consuming, and some would even argue that it is designed to impede the Commission’s oversight of agreements,” mentioned Commissioner Bentzel.
“Key statutory changes to the agreement review process would greatly enhance the Commission’s oversight of the competitive aspects of the maritime industry and ensure that we are able to implement the intended purposes of OSRA 2022,” mentioned Commissioner Vekich.
Letters had been despatched to the Chairs and Ranking Members of the U.S. Senate Committee on Commerce, Science, and Transportation; the U.S. House Committee on Transportation and Infrastructure; the Subcommittee on Surface Transportation, Maritime, Freight, and Ports; and the Subcommittee on Coast Guard and Maritime Transportation.
Commissioners Bentzel and Vekich observe that their ideas and feedback don’t essentially symbolize the place of the Federal Maritime Commission as a physique.
