§41105 — Title 46 Shipping | U.S. Code

Summary

Stops a conference or group of two or more ocean carriers from doing certain unfair or anti-competitive things. They must not boycott or otherwise refuse to deal in an unreasonable way, block the use of intermodal services or new technology, or use predatory tactics to push other ocean carriers (including tramp and bulk carriers) out of a trade. They may not negotiate about rates or services with non-ocean carriers (like truck, rail, or air companies) or with tug or towing providers in ways that violate antitrust laws, although a conference or similar group may set and publish a joint through rate. They must pay a reasonable amount to export freight forwarders and may not divide shippers among specific carriers or stop a carrier from soliciting a shipper, except as allowed by section 40303(d), required by U.S. or foreign law, or agreed to by a shipper in a service contract. For service contracts, the group may not unfairly discriminate, give special advantages, or impose unreasonable disadvantages on any locality, port, or person because they are a shippers’ association or an ocean transportation intermediary.

Title 46, §41105

Shipping — Source: USLM XML via OLRC

A conference or group of two or more common carriers may not—

(1)boycott or take any other concerted action resulting in an unreasonable refusal to deal;

(2)engage in conduct that unreasonably restricts the use of intermodal services or technological innovations;

(3)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;

(4)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;

(5)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;

(6)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;

(7)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;

(8)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—

(A)authorized by section 40303(d) of this title;

(B)required by the law of the United States or the importing or exporting country; or

(C)agreed to by a shipper in a service contract;

(9)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

(10)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4110546 App.:1709(c).Pub. L. 98–237, § 10(c), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, § 109(b), Oct. 14, 1998, 112 Stat. 1910; Pub. L. 105–383, title IV, § 424(b), Nov. 13, 1998, 112 Stat. 3441. In paragraph (5), the words “ocean freight forwarder” are substituted for “ocean transportation intermediary, as defined by section 1702(17)(A) of this Appendix” because the definition of “ocean transportation intermediary” in section 1702(17)(A) contains a definition of “ocean freight forwarder” which is restated as a separate definition.

Editorial Notes

Amendments

2018—Pars. (5) to (10). Pub. L. 115–282 added pars. (5) and (6) and redesignated former pars. (5) to (8) as (7) to (10), respectively.

§41105 Concerted action