I 

118TH CONGRESS 

1ST SESSION H. R. 1696 

To repeal certain exemptions from antitrust laws, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2023 

Mr. COSTA (for himself, Mr. GARAMENDI, Mr. PANETTA, Mr. JOHNSON of 

South Dakota, and Mr. HARDER of California) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To repeal certain exemptions from antitrust laws, 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 Anti5 trust Enforcement Act of 2023’’. 


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1 SEC. 2. ASSESSMENT AGREEMENTS. 

2 (a) IN GENERAL.—Section 40305 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) EXEMPTION FROM ANTITRUST LAWS.—The 

6 antitrust laws do not apply to an assessment agreement 

7 that has been filed with the Commission and is effective 

8 under this chapter.’’. 

9 (b) CONFORMING AMENDMENT.—Section 40301(e) 

10 of title 46, United States Code, is amended by striking 

11 ‘‘sections 40305 and 40307(a)’’ and inserting ‘‘section 

12 40305’’. 

13 SEC. 3. REPEAL. 

14 Section 40307 of title 46, United States Code, and 

15 the item relating to that section in the analysis for chapter 

16 403 of such title, are repealed. 

17 SEC. 4. WRITTEN VIEWS ON MERGERS AND ACQUISITIONS. 

18 (a) IN GENERAL.—Chapter 413 of title 46, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 41311. Written views on mergers and acquisitions 

22 ‘‘(a) IN GENERAL.—Commissioners of the Federal 

23 Maritime Commission may analyze and submit written 

24 views on merger, acquisition, or other transactions of com25 mon carriers and marine terminal operators, under the 


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1 antitrust laws, to the Assistant Attorney General for Anti2 trust. 

3 ‘‘(b) REPORT.—If the Commissioners transmit a 

4 written view to the Assistant Attorney General for Anti5 trust under subsection (a), the Commissioners shall trans6 mit to the Committee on Commerce, Science, and Trans7 portation of the Senate and the Committee n Transpor8 tation and Infrastructure of the House of Representatives 

9 a copy of such views accompanied by a report analyzing 

10 the following: 

11 ‘‘(1) Whether each common carrier pertaining 

12 to such transaction is a controlled carrier. 

13 ‘‘(2) The impact of the proposed merger, acqui14 sition, or other transaction on competition within the 

15 ocean shipping industry. 

16 ‘‘(3) The impact of the proposed merger, acqui17 sition, or other transaction on the trade position of 

18 the United States in the international ocean ship19 ping market, including any trade imbalance resulting 

20 from the business practices of ocean common car21 riers. 

22 ‘‘(4) Any other matter the Commissioners con23 sider to be of interest to Congress or the public.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 413 of title 46, United States Code, is amended by 

3 adding at the end the following: 

‘‘41311. Written views on mergers and acquisitions.’’. 

Æ 


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