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

Legal

Oakland Terminal Operators Propose Off-peak Hours

Marine container terminal operators at the Port of Oakland are developing a program to operate their terminal gates on Saturdays to reduce weekday congestion at the port.

Greek Coast Guard Seizes Weapons Ship Bound for Libya

Greek authorities have seized a freighter carrying an undeclared shipment of weapons en route from Turkey to Libya, coast guard officials said on Wednesday. A

Cosco CSCL Merger Talks Continue

The closed-door talks on what is believed to be merger discussions between Cosco and China Shipping continue, reports local media.   According to JoC, the Chinese

 
 
Maritime Standards Naval Architecture Navigation Pipelines Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators Shipbuilding / Vessel Construction
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: 0.2451 sec (4 req/sec)