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House subcommittee presses century-old Shipping Act exemption; witnesses urge repeal or stricter oversight
Summary
Witnesses at a House subcommittee hearing urged Congress to re-examine the Shipping Act of 1916 antitrust exemption, citing industry concentration, limited FMC enforcement, and harm to U.S. exporters; members discussed repeal and narrower reforms to increase DOJ/FTC oversight and FMC transparency.
WASHINGTON — A House subcommittee hearing on regulation and competition in maritime shipping on St. Patrick’s Day focused on the antitrust exemption in the Shipping Act of 1916 and whether it still serves U.S. businesses and consumers.
Chairman Fitzgerald opened the hearing saying the panel would "examine the statutory antirust exemption granted under the 1916 shipping act and its impact on competition and consumers." He and the witnesses described a shipping industry that has become highly concentrated and coordinated through large alliances that, they said, limit options for U.S. shippers.
Professor Erica M. Douglas, an associate professor of law at Temple University’s Beasley School of Law, told the subcommittee that section 4307 of the Consolidated Shipping Act shields certain carrier agreements from antitrust law and argued Congress should consider repeal. "This ocean shipping exemption is one of the oldest in antitrust law. It's not clear that it was…
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