II 

117TH CONGRESS 

2D SESSION S. 3586 

To amend title 46 of the United States Code with respect to anti-competitive 

acts by ocean common carriers or marine terminal operators, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2022 

Ms. KLOBUCHAR (for herself and Mr. BOOKER) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 46 of the United States Code with respect 

to anti-competitive acts by ocean common carriers or 

marine terminal operators, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ocean Shipping Com5 petition Reform Act of 2022’’. 

6 SEC. 2. PURPOSES. 

7 Section 40101 of title 46, United States Code, is 

8 amended by striking paragraphs (2) through (4) and in9 serting the following: 


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1 ‘‘(2) ensure an efficient and competitive trans2 portation system for the common carriage of goods 

3 by water in the foreign commerce of the United 

4 States that is, as far as possible, in harmony with 

5 fair and equitable international shipping practices; 

6 and 

7 ‘‘(3) support the growth and development of 

8 United States exports through a competitive and ef9 ficient system for the common carriage of goods by 

10 water in the foreign commerce of the United States 

11 and by placing a greater reliance on the market12 place.’’. 

13 SEC. 3. REMEDIES. 

14 (a) INJUNCTIVE RELIEF.—Section 41307 of title 46, 

15 United States Code, is amended— 

16 (1) in the section heading, by inserting ‘‘or 

17 the Antitrust Division of the Department 

18 of Justice’’ after ‘‘the Commission’’; and 

19 (2) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in the paragraph heading, by in22 serting ‘‘OR THE ANTITRUST DIVISION’’ 

23 after ‘‘COMMISSION’’; 

24 (ii) by striking ‘‘title, the Commis25 sion’’ and inserting ‘‘title, the Commission 


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1 or the Antitrust Division of the Depart2 ment of Justice’’; 

3 (iii) by striking ‘‘services, the Com4 mission’’ and inserting ‘‘services, the Com5 mission or Antitrust Division’’; and 

6 (iv) by striking ‘‘The Commission’s 

7 sole remedy’’ and inserting ‘‘The sole rem8 edy of the Commission or Antitrust Divi9 sion’’; 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘and’’ after the semicolon; 

13 (ii) in subparagraph (B), by striking 

14 the period and inserting a semicolon; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) punitive damages in an amount equal 

18 to 3 times the damages sustained, and the cost 

19 of bringing the suit, including a reasonable at20 torney’s fee; and 

21 ‘‘(D) upon a motion by the Commission or 

22 the Antitrust Division (as the case may be), or 

23 an intervening party, that is promptly made, 

24 simple interest on actual damages for the pe25 riod beginning on the date of service of the 


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1 pleading by the Commission or the Antitrust 

2 Division (as the case may be) that sets forth a 

3 claim under this subsection and ending on the 

4 date of judgment, or for any shorter period 

5 therein, if the court finds that the award of 

6 such interest for such period is just in the cir7 cumstances.’’; 

8 (C) in paragraph (3)— 

9 (i) in the paragraph heading, by strik10 ing ‘‘AND THIRD PARTIES’’; 

11 (ii) in the first sentence, by striking 

12 ‘‘the Commission’’ and inserting ‘‘the 

13 Commission or Antitrust Division of the 

14 Department of Justice’’; and 

15 (iii) by striking the second sentence; 

16 (D) in paragraph (4), by striking ‘‘the 

17 Commission’’ and inserting ‘‘the Commission or 

18 Antitrust Division of the Department of Jus19 tice’’; and 

20 (E) by adding at the end the following: 

21 ‘‘(5) THIRD PARTY INTERVENTION.—The court 

22 may allow a third party to intervene in a civil action 

23 brought under this subsection.’’. 


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1 (b) RELIEF UNDER CLAYTON ACT.—Section 

2 40307(d) of title 46, United States Code, is amended by 

3 striking ‘‘not’’. 

4 (c) AMENDMENTS TO TABLE OF SECTIONS.—The 

5 table of sections for chapter 413 of title 46, United States 

6 Code, is amended by striking the item relating to section 

7 41307 and inserting the following: 

‘‘41307. Injunctive relief sought by the Commission or the Antitrust Division 

of the Department of Justice.’’. 

Æ 


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