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

Summary

A group of two or more common carriers must not do ten kinds of things that hurt fair shipping competition. They may not use group boycotts or other group moves to unreasonably refuse to do business. They cannot unfairly block the use of intermodal services or new technology. They must not use predatory tactics to push out or keep out a carrier that is not in the group, including tramps or bulk carriers. They may not negotiate with non-ocean carriers about U.S. rates or services unless those talks and any deals follow the antitrust laws and the part’s purposes; however, they may set and publish a joint through rate. The same antitrust rule and joint-through-rate exception apply to buying certain covered services for vessels. They must not deny or undercut reasonable export pay to ocean freight forwarders. They cannot assign shippers to specific carriers or bar a carrier from soliciting a shipper, except as allowed by 40303(d), required by law, or agreed to by the shipper. For service contracts, they may not discriminate against or give unfair preference to any place, 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