MaritimeFedWatch

For several years, the international shipping community has been abuzz with talk about how distributed ledger “blockchain” technology could be used to expedite and simplify the movement of goods through many different hands and regulatory regimes.

On September 17, 2019, the U.S. Federal Maritime Commission issued a Notice of Proposed Rule-Making and Request for Comments concerning a proposed interpretive rule on how the Commission will interpret the Shipping Act’s requirement that ocean transportation entities maintain “just and reasonable regulations and practices” in connection with demurrage and detention charges.

On March 5, 2018, the Federal Maritime Commission voted to launch an investigation into the detention, demurrage, and per diem charges of vessel operating common carriers and marine terminal operators.

In the latest development arising out of the Federal investigations into alleged anticompetitive activities among roll on, roll off carriers, original equipment manufacturer and automobile shipper Fiat Chrysler has filed a complaint with the U.S. Federal Maritime Commission alleging that the carriers “conspired and acted in concert to suppress competition for roll on, roll off cargo shipping services” purchased by plaintiffs.

The U.S. Federal Maritime Commission has notified publication of a Final Rule to occur on December 22, 2016, which aims to clarify evidentiary standards in Commission proceedings. 

On February 23, 2016, the United States Federal Maritime Commission issued an Advanced Notice of Proposed Rulemaking seeking comments on changes to the Commission’s rules governing agreements by or among ocean common carriers and/or marine terminal operators. 

On August 28, 2015, the United States District Court for the District of New Jersey dismissed the consolidated class action complaint filed on behalf of purchasers of vehicle carrier services against numerous ro-ro carriers alleging price fixing, market allocation, and capacity restrictions in violation of the Clayton Act, Sherman Act, and state antitrust laws.

On August 4, 2015, the U.S. Federal Maritime Commission issued a press release highlighting the collection of $1.3 million in penalty payments from six non-vessel owning common carriers (NVOCCs) and one vessel-owning common carrier (VOCC). In the charge against the VOCC, Commission staff asserted that the VOCC had unlawfully rebated to an NVOCC an “administrative fee” not identified in the contract and for which no services were provided and that the VOCC had provided transportation not otherwise in accordance with its tariff.