46 U.S.C. § 41105 — Concerted action
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 460 words · no verdicts yet
Groups of ocean carriers cannot boycott others, block new technology, prey on outside competitors, cut illegal deals with truckers or tugboats, shortchange freight forwarders, or unfairly split up shippers or discriminate against them.
A conference* or group of two or more common carriers may not do ten things: (1) boycott or take other joint action that unreasonably refuses to deal with someone; (2) unreasonably restrict the use of new technology or services that combine different transport modes; (3) use predatory tactics to keep out or eliminate a carrier, group of carriers, tramp ship, or bulk carrier that isn't a conference member; (4) negotiate with non-ocean carriers (like trucks, trains, or planes) about rates or services those carriers provide within the U.S., unless the deal follows antitrust law and this part's purposes - though this doesn't stop a conference from setting and publishing a joint through rate*; (5) negotiate with a tug or towing service about its U.S. rates or services; (6) negotiate to purchase certain covered services* for a vessel* operating in the U.S., unless the deal follows antitrust law and this part's purposes - with the same through-rate exception; (7) deny or limit fair compensation to an ocean freight forwarder* in U.S. export trade; (8) allocate specific shippers among member carriers or stop a member from soliciting cargo from a shipper*, except as allowed under section 40303(d), required by U.S. or foreign law, or agreed to by the shipper in a service contract*; (9) under a service contract, unfairly discriminate in rates or charges against a locality, port, or person because that person is a shippers' association or ocean transportation intermediary*; or (10) under a service contract, give an unreasonable preference or disadvantage to a locality, port, or person for that same reason.
A conference* or group of two or more common carriers may not—
boycott or take any other concerted action resulting in an unreasonable refusal to deal;
engage in conduct that unreasonably restricts the use of intermodal services or technological innovations;
engage in any predatory practice designed to eliminate the participation, or deny the entry, in a particular trade of a common carrier* not a member of the conference, a group of common carriers, an ocean tramp, or a bulk carrier;
negotiate with a non-ocean carrier or group of non-ocean carriers (such as truck, rail, or air operators) on any matter relating to rates or services provided to ocean common carriers within the United States by those non-ocean carriers, unless the negotiations and any resulting agreements are not in violation of the antitrust laws* and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate* by a conference, joint venture, or association of ocean common carriers;
negotiate with a tug or towing vessel* service provider on any matter relating to rates or services provided within the United States by those tugs or towing vessels;
with respect to a vessel operated by an ocean common carrier* within the United States, negotiate for the purchase of certain covered services*, unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or association of ocean common carriers;
deny in the export foreign commerce of the United States compensation to an ocean freight forwarder* or limit that compensation to less than a reasonable amount;
allocate shippers among specific carriers that are parties to the agreement* or prohibit a carrier that is a party to the agreement from soliciting cargo from a particular shipper*, except as—
authorized by section 40303(d) of this title;
required by the law of the United States or the importing or exporting country; or
agreed to by a shipper in a service contract*;
for service pursuant to a service contract, engage in any unjustly discriminatory practice in the matter of rates or charges with respect to any locality, port, or person due to the person’s status as a shippers’ association* or ocean transportation intermediary*; or
for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any locality, port, or person due to the person’s status as a shippers’ association or ocean transportation intermediary.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1542; Pub. L. 115–282, title VII, § 709(a), Dec. 4, 2018, 132 Stat. 4296.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1542
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4296
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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