Ocean Shipping Competition Reform Act of 2022

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. Short title This Act may be cited as the Ocean Shipping Competition Reform Act of 2022 2. Purposes Section 40101 of title 46, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following: (2) ensure an efficient and competitive transportation system for the common carriage of goods by water in the foreign commerce of the United States that is, as far as possible, in harmony with fair and equitable international shipping practices; and (3) support the growth and development of United States exports through a competitive and efficient system for the common carriage of goods by water in the foreign commerce of the United States and by placing a greater reliance on the marketplace. . 3. Remedies (a) Injunctive relief Section 41307 of title 46, United States Code, is amended— (1) in the section heading, by inserting or the Antitrust Division of the Department of Justice the Commission (2) in subsection (b)— (A) in paragraph (1)— (i) in the paragraph heading, by inserting or the Antitrust Division commission (ii) by striking title, the Commission title, the Commission or the Antitrust Division of the Department of Justice (iii) by striking services, the Commission services, the Commission or Antitrust Division (iv) by striking The Commission's sole remedy The sole remedy of the Commission or Antitrust Division (B) in paragraph (2)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (C) punitive damages in an amount equal to 3 times the damages sustained, and the cost of bringing the suit, including a reasonable attorney’s fee; and (D) upon a motion by the Commission or the Antitrust Division (as the case may be), or an intervening party, that is promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading by the Commission or the Antitrust Division (as the case may be) that sets forth a claim under this subsection and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. ; (C) in paragraph (3)— (i) in the paragraph heading, by striking and third parties (ii) in the first sentence, by striking the Commission the Commission or Antitrust Division of the Department of Justice (iii) by striking the second sentence; (D) in paragraph (4), by striking the Commission the Commission or Antitrust Division of the Department of Justice (E) by adding at the end the following: (5) Third party intervention The court may allow a third party to intervene in a civil action brought under this subsection. . (b) Relief under Clayton Act Section 40307(d) of title 46, United States Code, is amended by striking not (c) Amendments to table of sections The table of sections for chapter 413 41307. Injunctive relief sought by the Commission or the Antitrust Division of the Department of Justice. .

Summary: Ocean Shipping Competition Reform Act of 2022 This bill eliminates certain antitrust immunity for anticompetitive acts by ocean common carriers or marine terminal operators and allows the Department of Justice (DOJ), in addition to the Federal Maritime Commission (FMC), to seek injunctive relief for anticompetitive acts by such carriers or operators. The bill allows third parties to participate in civil actions brought by the FMC or DOJ against ocean carriers for anticompetitive harm. It also allows for punitive damages.