FMC investigating Port Houston pacts with container carriers

Probe cites Terminal Service Agreements with major lines

(Photo: Port Houston)
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Key Takeaways:

  • The Federal Maritime Commission (FMC) is investigating Terminal Service Agreements (TSAs) between Port Houston and major container lines.
  • The investigation focuses on clauses that may require carriers to send a certain percentage of containers through Port Houston, potentially harming competing Gulf ports.
  • Carriers involved include CMA CGM, Evergreen, Hapag-Lloyd, Maersk, MSC, and Zim.
  • The FMC will examine the creation and enforcement of these potentially anti-competitive clauses.
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The Federal Maritime Commission has initiated a probe into the Terminal Service Agreements (TSAs) between Port Houston and several major container lines.

The agency said in a July 11 filing that the nonadjudicatory investigation will examine the Terminal Service Agreements (TSAs) between Port Houston and several major container lines, to determine if these agreements compel certain carriers to route a percentage of their loaded containers through Port Houston and away from competing Gulf hubs.

A TSA is a contract between port and carrier spelling out the terms and conditions for the use of port facilities and services.

At the heart of the inquiry is the Commitment Clause and Shortfall Amount embedded within these TSAs. These provisions potentially obligate participating carriers including CMA CGM, Evergreen Line Joint Service, Hapag-Lloyd (OTC: HLAGF), Maersk Line, Mediterranean Shipping Co., and Zim Integrated Shipping Services Ltd. (NYSE: ZIM) to ensure a specific volume of container traffic through the Texas gateway.

The FMC’s Bureau of Enforcement, Investigations, and Compliance (BEIC), will scrutinize the circumstances leading to the formation, signing, and enforcement of these clauses, the filing stated.

Houston handled a record 4.12 million twenty foot equivalent units (TEUs) in 2024, up 8% y/y.

Find more articles by Stuart Chirls here.

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Stuart Chirls

Stuart Chirls is a journalist who has covered the full breadth of railroads, intermodal, container shipping, ports, supply chain and logistics for Railway Age, the Journal of Commerce and IANA. He has also staffed at S&P, McGraw-Hill, United Business Media, Advance Media, Tribune Co., The New York Times Co., and worked in supply chain with BASF, the world's largest chemical producer. Reach him at stuartchirls@firecrown.com.