Title: Ocean Shipping Competition Reform Act of 2022
Policy area: Transportation and Public Works

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3586 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3586

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2022

  Ms. Klobuchar (for herself and Mr. Booker) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   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.

    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 Competition Reform 
Act of 2022''.

SEC. 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.''.

SEC. 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'' after ``the 
        Commission''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by inserting 
                        ``or the antitrust division'' after 
                        ``commission'';
                            (ii) by striking ``title, the Commission'' 
                        and inserting ``title, the Commission or the 
                        Antitrust Division of the Department of 
                        Justice'';
                            (iii) by striking ``services, the 
                        Commission'' and inserting ``services, the 
                        Commission or Antitrust Division''; and
                            (iv) by striking ``The Commission's sole 
                        remedy'' and inserting ``The sole remedy of the 
                        Commission or Antitrust Division'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon;
                            (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'' and inserting  ``the 
                        Commission or Antitrust Division of the 
                        Department of Justice''; and
                            (iii) by striking the second sentence;
                    (D) in paragraph (4), by striking ``the 
                Commission'' and inserting ``the Commission or 
                Antitrust Division of the Department of Justice''; and
                    (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 of title 46, United States Code, is amended by striking the 
item relating to section 41307 and inserting the following:

``41307. Injunctive relief sought by the Commission or the Antitrust 
                            Division of the Department of Justice.''.
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