This bill establishes procedures for the Federal Maritime Commission (FMC) to enjoin, without obtaining a court order, the operation of any ocean shipping agreement it determines is likely to have certain anticompetitive effects.
The FMC monitors agreements by ocean common carriers and marine terminal operators and otherwise regulates the U.S. international ocean transportation system.
Under current law, the FMC must obtain a court order to enjoin the operation of an agreement it determines is likely, by a reduction in competition, to (1) produce an unreasonable reduction in transportation service, (2) cause an unreasonable increase in transportation cost, or (3) substantially lessen competition in the purchasing of certain covered services.
The bill authorizes the FMC to issue such an injunction without a court order. For such an injunction, the FMC must provide the person filing the agreement with notice and an opportunity to be heard under expedited procedures established by the FMC. The FMC may allow a third party to intervene in a proceeding relating to such an injunction.
An injunction issued under this bill shall constitute a final order of the FMC.
