---
kind: "section"
citation: "46 C.F.R. § 545.1"
title: "46"
number: "545.1"
heading: "Interpretation of Shipping Act of 1984—Refusal to negotiate with shippers' associations."
url: "https://uscodex.org/cfr/46/545.1"
---

# §545.1. Interpretation of Shipping Act of 1984—Refusal to negotiate with shippers' associations.

- (a) [46 U.S.C. 40502](/usc/46/40502.md) 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)](/usc/46/41104.md?p=a-10) prohibits carriers from unreasonably refusing to deal or negotiate. [46 U.S.C. 40307(a)(3)](/usc/46/40307.md?p=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.
- (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.

## Notes

### Amendments

[53 FR 43698, Oct. 28, 1988. Redesignated and amended at 64 FR 7813, Feb. 17, 1999; 64 FR 9922, Mar. 1, 1999; 74 FR 50732, Oct. 1, 2009; 85 FR 9684, Feb. 20, 2020]

### Authority

Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40307, 40501-40503, 41101-41106, and 40901-40904; 46 CFR 515.23

### Amendments

[53 FR 43698, Oct. 28, 1988. Redesignated and amended at 64 FR 7813, Feb. 17, 1999; 64 FR 9922, Mar. 1, 1999; 74 FR 50732, Oct. 1, 2009; 85 FR 9684, Feb. 20, 2020]