Section 1 Short title
This Act may be cited as the “Ocean Shipping Competition Reform Act of 2022”.
Ocean Shipping Competition Reform Act of 2022
A BILL
To amend title 46 of the United States Code with respect to anti-competitive acts by ocean common carriers or marine terminal operators, and for other purposes.
Sec. 2 Purposes
Section 40101 of title 46, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following:
“(2) ensure an efficient and competitive transportation system for the common carriage of goods by water in the foreign commerce of the United States that is, as far as possible, in harmony with fair and equitable international shipping practices; and
“(3) support the growth and development of United States exports through a competitive and efficient system for the common carriage of goods by water in the foreign commerce of the United States and by placing a greater reliance on the marketplace.”
Sec. 3 Remedies
Injunctive relief— Section 41307 of title 46, United States Code, is amended—
in the section heading, by inserting “or the Antitrust Division of the Department of Justice” after “the Commission”; and
in subsection (b)—
in paragraph (1)—
in the paragraph heading, by inserting “or the Antitrust Division” after “commission”;
by striking “title, the Commission” and inserting “title, the Commission or the Antitrust Division of the Department of Justice”;
by striking “services, the Commission” and inserting “services, the Commission or Antitrust Division”; and
by striking “The Commission's sole remedy” and inserting “The sole remedy of the Commission or Antitrust Division”;
in paragraph (2)—
in subparagraph (A), by striking “and” after the semicolon;
in subparagraph (B), by striking the period and inserting a semicolon; and
by adding at the end the following:
“(C) punitive damages in an amount equal to 3 times the damages sustained, and the cost of bringing the suit, including a reasonable attorney’s fee; and
“(D) upon a motion by the Commission or the Antitrust Division (as the case may be), or an intervening party, that is promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading by the Commission or the Antitrust Division (as the case may be) that sets forth a claim under this subsection and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances.”
in paragraph (3)—
in the paragraph heading, by striking “and third parties”;
in the first sentence, by striking “the Commission” and inserting the Commission or Antitrust Division of the Department of Justice; and
by striking the second sentence;
in paragraph (4), by striking “the Commission” and inserting “the Commission or Antitrust Division of the Department of Justice”; and
by adding at the end the following:
“(5) Third party intervention—The court may allow a third party to intervene in a civil action brought under this subsection.”
Relief under Clayton Act— Section 40307(d) of title 46, United States Code, is amended by striking “not”.
Amendments to table of sections— The table of sections for chapter 413 of title 46, United States Code, is amended by striking the item relating to section 41307 and inserting the following: