Section 1 Short title
This Act may be cited as the “Ocean Shipping Antitrust Enforcement Act of 2023”.
Ocean Shipping Antitrust Enforcement Act of 2023
A BILL
To repeal certain exemptions from antitrust laws, and for other purposes.
Sec. 2 Assessment agreements
In general— Section 40305 of title 46, United States Code, is amended by adding at the end the following:
“(d) Exemption from antitrust laws—The antitrust laws do not apply to an assessment agreement that has been filed with the Commission and is effective under this chapter.”
Conforming amendment— Section 40301(e) of title 46, United States Code, is amended by striking “sections 40305 and 40307(a)” and inserting “section 40305”.
Sec. 3 Repeal
Section 40307 of title 46, United States Code, and the item relating to that section in the analysis for chapter 403 of such title, are repealed.
Sec. 4 Written views on mergers and acquisitions
In general— Chapter 413 of title 46, United States Code, is amended by adding at the end the following:
“41311. Written views on mergers and acquisitions
“(a) In general—Commissioners of the Federal Maritime Commission may analyze and submit written views on merger, acquisition, or other transactions of common carriers and marine terminal operators, under the antitrust laws, to the Assistant Attorney General for Antitrust.
“(b) Report—If the Commissioners transmit a written view to the Assistant Attorney General for Antitrust under subsection (a), the Commissioners shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee n Transportation and Infrastructure of the House of Representatives a copy of such views accompanied by a report analyzing the following:
“(1) Whether each common carrier pertaining to such transaction is a controlled carrier.
“(2) The impact of the proposed merger, acquisition, or other transaction on competition within the ocean shipping industry.
“(3) The impact of the proposed merger, acquisition, or other transaction on the trade position of the United States in the international ocean shipping market, including any trade imbalance resulting from the business practices of ocean common carriers.
“(4) Any other matter the Commissioners consider to be of interest to Congress or the public.”
Clerical amendment— The analysis for chapter 413 of title 46, United States Code, is amended by adding at the end the following: