[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80264-80265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22577]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the Defense Production Act of 1950

    Notice is hereby given pursuant to section 708 of the Defense 
Production Act of 1950 (``DPA''), that the Assistant Attorney General 
finds, with respect to the Voluntary Intermodal Sealift Agreement 
(``VISA'') proposed by the Maritime Administration (``MARAD''), that 
the purposes of section 708(c)(1) of the may not reasonably be achieved 
through a voluntary agreement or plan of action having less 
anticompetitive effects or without any voluntary agreement or plan of 
action.
    Under the DPA, MARAD may enter into agreements with representatives 
of private industry for the purpose of improving the efficiency with 
which private firms contribute to the national defense when conditions 
exist that may pose a direct threat to the national defense or its 
preparedness. Such arrangements are generally known as ``voluntary 
agreements.'' A defense to actions brought under the antitrust laws is 
available to each participant acting within the scope of a voluntary 
agreement that has come into force under the DPA.
    The DPA requires that each proposed voluntary agreement be reviewed 
by the Attorney General prior to becoming effective. If, after 
consulting with the Chair of the Federal Trade Commission, the Attorney 
General finds that the purpose of the DPA ``may not be reasonably 
achieved through a voluntary agreement having less anticompetitive 
effects or without any voluntary agreement or plan of action,'' the 
agreement may become effective. 50 U.S.C. 4558 (f)(l)(B). All functions 
which the Attorney General is required or authorized to perform by 
section 708 of the DPA have been delegated to the Assistant Attorney 
General, Antitrust Division. 28 CFR 0.40(l).
    The purpose of the proposed VISA is to support Department of 
Defense (``DoD'') contingency requirements to provide cargo capacity 
during times of crisis through procedures agreed in advance. The 
proposed VISA establishes the terms, conditions and procedures under 
which participants agree voluntarily to make tankers available to

[[Page 80265]]

the DoD. MARAD has certified that the proposed VISA is necessary to 
carry out its purpose.
    MARAD requested that the Assistant Attorney General, Antitrust 
Division, issue a finding that the proposed Voluntary Agreement 
satisfies the statutory criteria set forth in 50 U.S.C. 4558(f)(1)(B). 
The Assistant Attorney General, Antitrust Division, reviewed the 
proposed Voluntary Agreement and consulted on it with the Chair of the 
Federal Trade Commission. On September 26, 2024, by letter to Ann C. 
Phillips, Maritime Administrator, Jonathan S. Kanter, Assistant 
Attorney General, Antitrust Division, issued a finding pursuant to 50 
U.S.C. 4558(f)(1)(B), that the purposes of the VISA ``may not 
reasonably be achieved through a voluntary agreement . . . having less 
anticompetitive effects or without any voluntary agreement.''

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division, U.S. 
Department of Justice.
[FR Doc. 2024-22577 Filed 10-1-24; 8:45 am]
BILLING CODE 4410-11-P