US PRESIDENT BIDEN ADRESSES ANTI-COMPETITIVE BEHAVIOUR IN SHIPPING
On 1st March, US President Joe Biden announced in his State of the Union speech new steps to address the anti-competitive behaviour of ocean carriers. The measures which aim at lowering rates and levelling the playing field in ocean shipping were published in a White House briefing on 28 February.
Among other measures, the Department of Justice (DoJ) and the FMC announced a new joint initiative to promote competition in the ocean freight transportation system: the DoJ will provide the FMC with the support of attorneys and economists from the Antitrust Division for enforcement of violations of the Shipping Act and related laws. The FMC will provide the Antitrust Division with support and maritime industry expertise for Sherman Act and Clayton Act (US antitrust laws) enforcement actions.
The White House also announced that the FMC will continue ramping up oversight of the global ocean shipping industry, with a new audit program established last summer to address complaints about carriers charging unfair fees, and a new data initiative to identify data constraints that are adding to supply chain congestion.
Finally, the White House calls on Congress to pass robust reforms such as the OSRA of 2021, but also reforms that address the current antitrust immunity for ocean shipping alliances. The US Senate is currently debating over a bill introduced by Senator Amy Klobuchar (Democrat, Minnesota) which would allow a person to recover damages or obtain injunctive relief under the provisions of the Clayton Act.