Ocean Shipping Antitrust Enforcement Act of 2023

Subjects: Commerce


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1696 Introduced in House (IH)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocean Shipping Antitrust Enforcement 
Act of 2023''.

SEC. 2. ASSESSMENT AGREEMENTS.

    (a) In General.--Section 40305 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(d) Exemption From Antitrust Laws.--The antitrust laws do not 
apply to an assessment agreement that has been filed with the 
Commission and is effective under this chapter.''.
    (b) Conforming Amendment.--Section 40301(e) of title 46, United 
States Code, is amended by striking ``sections 40305 and 40307(a)'' and 
inserting ``section 40305''.

SEC. 3. REPEAL.

    Section 40307 of title 46, United States Code, and the item 
relating to that section in the analysis for chapter 403 of such title, 
are repealed.

SEC. 4. WRITTEN VIEWS ON MERGERS AND ACQUISITIONS.

    (a) In General.--Chapter 413 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 41311. Written views on mergers and acquisitions
    ``(a) In General.--Commissioners of the Federal Maritime Commission 
may analyze and submit written views on merger, acquisition, or other 
transactions of common carriers and marine terminal operators, under 
the antitrust laws, to the Assistant Attorney General for Antitrust.
    ``(b) Report.--If the Commissioners transmit a written view to the 
Assistant Attorney General for Antitrust under subsection (a), the 
Commissioners shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee n Transportation and 
Infrastructure of the House of Representatives a copy of such views 
accompanied by a report analyzing the following:
            ``(1) Whether each common carrier pertaining to such 
        transaction is a controlled carrier.
            ``(2) The impact of the proposed merger, acquisition, or 
        other transaction on competition within the ocean shipping 
        industry.
            ``(3) The impact of the proposed merger, acquisition, or 
        other transaction on the trade position of the United States in 
        the international ocean shipping market, including any trade 
        imbalance resulting from the business practices of ocean common 
        carriers.
            ``(4) Any other matter the Commissioners consider to be of 
        interest to Congress or the public.''.
    (b) Clerical Amendment.--The analysis for chapter 413 of title 46, 
United States Code, is amended by adding at the end the following:

``41311. Written views on mergers and acquisitions.''.
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