“Other cases relating to this controversy are still being pursued,” Creel said. “The fact that we issued a report at the end of the year to summarize activities to date, and to terminate the formal proceeding, does not indicate we are washing our hands of the issue.”
Creel took note that some shippers are disappointed that the FMC failed to fine the eastbound transpacific carriers even though they were found guilty of opting out of service contracts during the peak holiday shipping season in 1998.
The reluctance of many shippers to come forward with evidence of carrier wrong-doing, “severely hampered” the FMC’s using the investigation as a base to develop specific evidence of carrier violations, Creel said.
However, the investigation produced positive results, including a new precedent clearly stating that opting out of service contact rates in favor of higher tariff rates is illegal “across the board,” Creel said.
Furthermore, the investigation brought into public focus and served as a warning to carriers regarding the FMC’s view of the legal bounds of carrier responses to high demand for cargo space, Creel said.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now