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        Search Home > News Articles > FMC to Use Investigatory Authorities When Reviewing Filed Agreements

FMC to Use Investigatory Authorities When Reviewing Filed Agreements


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July 30, 2024 The Federal Maritime Commission today issued a policy statement advising it may use existing administrative investigatory authorities when reviewing the competitive effects of cooperative agreements filed at the agency.  Such agreements are exempt from the antitrust laws under 46 U.S.C. 40307 and are reviewed and monitored by the Commission. Using its administrative investigatory authorities allows the Commission to more rigorously review filed agreements by gathering evidence via subpoenaing witnesses and documents, and by holding hearings.  In addition to investigative reviews yielding more comprehensive examinations of filed agreements, the Commission will be better prepared under this process to present well-supported arguments in any court proceedings where it seeks to enjoin an agreement from going into or remaining in effect.  The Commission will use its authorities under 46 U.S.C. 41302-41304 and all applicable regulations to conduct these investigations. Not all filed agreements will be reviewed using the Commission’s investigatory authorities.  The Commission has the discretion to determine which agreements warrant more careful screening than others. The statement of policy was adopted by a vote of the Commission. Ocean carriers or marine terminal operators can work cooperatively if they have filed an agreement at the Federal Maritime Commission.  The Commission determines if a filed agreement is anticompetitive using the standards found at 46 U.S.C. 41307(b).  If the Commission determines that an agreement is anticompetitive, the agency can seek injunctive relief from a U.S. District Court to halt the agreement’s operation, either temporarily or permanently.
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