Shipping Act does not Protect Blatant Anticompetitive Conspiracy

Monday, June 20, 2005
The U.S. Court of Appeals for the Fourth Circuit ruled that the immunity provisions of the Shipping Act of 1984 do not prevent conviction under the Sherman Act for a blatant anticompetitive conspiracy. When defendants were underbid in the first round of a government shipping program, they arranged with foreign shippers to freeze out the under-bidder and secure higher prices for parties to the arrangement. When the arrangement, which involved overseas shipment of household goods belonging to U.S. military personnel, was discovered, defendants argued that they were exempt from the Sherman Act based on the Shipping Act of 1984. The Shipping Act provides exemptions for, among other things: (a) activities concerning foreign inland segments of through transportation; (b) agreements entered into with a reasonable basis to conclude that they are exempt from filing with the FMC; and (c) immunity for the period before a determination is made that results in denial of immunity. The court held that the exemption from application of the Sherman Act must be narrowly construed. It further held that: (a) where the activity concerned the entire through shipment, the “foreign inland segment” exemption provides no relief; (b) where the agreement is blatantly anticompetitive, there was no reasonable basis to conclude that it might be exempt; and (c) only activities that would have been immune prior to a determination are covered by the latter provision. United States v. Gosselin World Wide Moving, N.V., No. 04-4752 (4th Cir., June 14, 2005).

Maritime Today

The Maritime Industry's original and most viewed E-News Service

Maritime Reporter November 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


U.S. Ups Philippines Aid as South China Sea Turmoil Builds

The United States has raised its military aid to the Philippines this year to $79 million, the U.S. ambassador said on Wednesday, as tension rises in the region

BWM Convention Doesn't Resolve U.S. Issues - ICS

ICS notes that the IMO Secretary General has announced that the Ballast Water Management Convention will enter into force worldwide from 24 November 2016, following

Maritime Cook Islands Expands Network to India

Maritime Cook Islands (“MCI”), the leading ship registry, has recently established its presence in India with the appointment of two deputy registrars (“DR”),

Maritime Contracts Naval Architecture Navigation Offshore Oil Port Authority Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0618 sec (16 req/sec)