To amend the Shipping Act of 1984 to make United States shippers more competitive in the global marketplace and to improve the financial well-being of United States ocean common carriers by allowing for direct negotiations between shippers and carriers, and for other purposes.
Shipping Act of 1992 - Amends the Shipping Act of 1984 (the Act) to revise the definitions of "controlled carrier" and "service contract" with respect to ocean shippers and ocean common carriers.
Includes within the Act's scope agreements by or among ocean common carriers to collectively negotiate and enter into service contracts.
Requires, among other things, conference agreements not to include as parties ocean common carriers whose aggregated market shares of liner capacity in the involved trade or route exceeds 60 percent of the total capacity in that trade or route (or any greater percentage as may be determined by the Attorney General), unless the Attorney General determines that the agreement is not likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation costs for such trade or route. Authorizes the Federal Maritime Commission to seek injunctive relief against agreements that have been determined anticompetitive.
Denies extension of antitrust immunity to any discussion or agreement among: (1) shippers and ocean common carriers regarding service contracts; or (2) ocean common carriers that are not members of the same conference.
Repeals the requirement that sample copies of loyalty contracts be included in tariffs (ocean common carrier rates, charges, classifications, rules, and practices between all points or ports on its route) filed by such carrier or conference with the Federal Maritime Commission.
Introduced in House
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Referred to the Subcommittee On Merchant Marine.
Executive Comment Requested from Justice, DOT, Fed Maritime Comm.
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