46 CFR 545.1 – Interpretation of Shipping Act of 1984–Refusal to negotiate with shippers’ associations
(a) 46 U.S.C. § 40502 authorizes ocean common carriers and agreements between or among ocean common carriers to enter into a service contract with a shippers’ association, subject to the requirements of the Shipping Act of 1984 (“Act”). 46 U.S.C. § 41104(a)(10) prohibits carriers from unreasonably refusing to deal or negotiate. 46 U.S.C. § 40307(a)(3) exempts from the antitrust laws any activity within the scope of the Act, undertaken with a reasonable basis to conclude that it is pursuant to a filed and effective agreement.
Terms Used In 46 CFR 545.1
- Contract: A legal written agreement that becomes binding when signed.
(b) The Federal Maritime Commission interprets these provisions to establish that a common carrier or conference may not require a shippers’ association to obtain or apply for a Business Review Letter from the Department of Justice prior to or as part of a service contract negotiation process.