Window on Washington: Rolling Ahead

This article originally appeared in the Fourth Quarter 2015 issue of Benedict's Maritime Bulletin. Reprinted with permission. Any opinions in this article are not those of Winston & Strawn or its clients; the opinions in this article are the author’s opinions only.

Since late 2012, the roll-on, roll-off (ro/ro) segment has been under siege by Federal regulators. In September 2012, the authorities raided the offices of the dominant ro/ro carriers, seeking evidence of anti-competitive behavior. Since then, the U.S. Department of Justice and the U.S. Federal Maritime Commission (“FMC’’ or the “Commission”) have entered into plea or compromise agreements with a handful of carriers resulting in well over $100 million in fines, with further action against other members of the alleged conspiracy likely. Additionally, private parties alleging harm from the conduct have launched lawsuits against the carriers in both Federal courts and before the Commission.