The proposed legislation would prevent carriers from discussing, fixing or regulating freight rates and surcharges through conferences or discussion groups.
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| Oberstar |
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| Gatti |
Oberstar said other parts of the bill would give the Federal Maritime Commission a bigger role in mediation and arbitration, require surcharges to 'accurately reflect increases in the carrier's cost,' and address the practice of bumping or rolling containers.
Gatti expressed skepticism of World Shipping Council comments that the bill, would increase price volatility, noting the extreme gyrations in pricing that have occurred over the past two years.
NIT League has scheduled a webinar for Wednesday afternoon among its members to discuss the legislation.
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| van der Jagt |
The bill would bring the United States largely in line with regulation in Europe, where there has been a prohibition to discuss and agree rates since October 2008. Carriers in the United States would be allowed to continue to operate vessel sharing agreements, although such authority has limitations to ensure adequate competition in particular trades.
'Interestingly, Oberstar referred to the EU's consortia block exemption threshold of 30 percent market share as 'a good place to start' in his proposed bill,' the ESC said.
'It was also refreshing to see that Mr. Oberstar specifically referred to the repeal in Europe and remarked that since the elimination of the antitrust immunity here, he was not aware of any ocean carriers being put out of business because of the loss of that exemption,' van der Jagt added.
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| Lu |
'For years we have asked our governments to put the necessary mechanism in place to rein the cartels in but our pleas have fallen on deaf ears,' Lu said in a statement.
He specifically referred to the Singapore's government's proposal earlier this month to extend antitrust immunity for five years, one in which the government said that liner antitrust immunity was the norm through most of the world.
'When the European Union outlawed shipping conferences and rate agreements in 2008, Singapore took the position that conferences were still permitted in large swathes of the world, hence its decision not to review the exemption accorded to liner shipping agreements in the Singapore Competition Act,' said Lu, who is also chairman of the Singapore National Shippers' Council. 'But the Competition Commission of Singapore cannot so easily dismiss the issue if the U.S. were to join the EU in banning the cartels.'



