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 addi-
tion to the Committee on Transportation and Infrastructure, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ocean Shipping Anti-
trust Enforcement Act of 2023’’. 
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SEC. 2. ASSESSMENT AGREEMENTS. 
(a) IN GENERAL.—Section 40305 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(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403 of such title, are repealed.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 fol-
lowing: 
‘‘§ 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 com-
mon carriers and marine terminal operators, under the 
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antitrust laws, to the Assistant Attorney General for Anti-
trust. 
‘‘(b) REPORT.—If the Commissioners transmit a 
written view to the Assistant Attorney General for Anti-
trust under subsection (a), the Commissioners shall trans-
mit to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee n Transpor-
tation 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, acqui-
sition, or other transaction on competition within the 
ocean shipping industry. 
‘‘(3) The impact of the proposed merger, acqui-
sition, or other transaction on the trade position of 
the United States in the international ocean ship-
ping market, including any trade imbalance resulting 
from the business practices of ocean common car-
riers. 
‘‘(4) Any other matter the Commissioners con-
sider to be of interest to Congress or the public.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 413 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘41311. Written views on mergers and acquisitions.’’. 
Æ 
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