User ID
Password

 

 

Court Upholds Carrier Limits in Refusing to Deal with Shippers
Source
American Shipper
Post Date
04/10/2026

The Court of Appeals for the District of Columbia Circuit has upheld a September 2024 final rule aming the Federal Maritime Commission? regulations to implement a statutory change prohibiting ocean common carriers from unreasonably refusing to deal or negotiate with shippers with respect to vessel space accommodations. This prohibition applies only to vessel-operating common carriers and containerized cargo.
The rule established non-binding factors the FMC may consider in evaluating allegations that a carrier violated the law: (1) whether the carrier followed a documented export policy that enables the timely and efficient movement of export cargo, (2) whether the carrier engaged in good faith negotiations, (3) whether the refusal was based on legitimate transportation factors, and (4) any other relevant factors or conduct. The rule specifies that a documented export policy should contain information on pricing strategies, services offered, strategies for equipment provision, and descriptions of markets served.
The plaintiff, a global carrier organization, argued that (1) the FMC does not have statutory authority to consider price in evaluating the reasonableness of a carrier? offer and did not set forth a sound basis for doing so, (2) requiring a carrier to submit a documented export policy exceeds the FMC? statutory authority, is arbitrary and capricious, and conflicts with another provision in the 1984 Shipping Act, and (3) the FMC? removal of business decisions from a specific list of factors that may be considered in evaluating reasonableness is arbitrary and capricious.
The court rejected all three arguments, reasoning that (1) there is a difference between setting shipping rates (which the FMC cannot do) and occasionally evaluating whether one particular rate was unreasonably high as part of a broader review, (2) departing from the common practices and procedures set forth in a documented export policy can be evidence of unreasonableness and the information required in such policy is properly limited, and (3) the final rule makes clear that business decisions may still be considered.


Title
Source
Post Date
Visit
Plastic-bag manufacturer settles allegations of custo.. American Shipper 07/24/2026
27
Iran conflict drives up Asia-US container rate by 276.. American Shipper 07/24/2026
25
Walkout by union dockworkers shuts down Oakland termi.. American Shipper 07/24/2026
27
Trump administration imposes new tariffs on dozens of.. American Shipper 07/24/2026
31
IEEPA, SECTION 122 AND SECTION 301 UPDATE Judge Order.. American Shipper 07/17/2026
124
Shippers frontloading to beat August tariffs.. American Shipper 07/13/2026
148
Ocean Transportation Intermediary Licenses Revoked.. American Shipper 07/13/2026
149
Shein finally wins Chinas approval for Hong Kong IPO,.. American Shipper 07/13/2026
147
U.S. Court of Appeals Upholds FMC Decision that Deten.. American Shipper 07/13/2026
143
CPSC eFiling Requirements Take Effect July 8, 2026.. American Shipper 07/09/2026
139
Page : 1   2   3   4   5        [Next 5 Page]  Last Page : 96 ( 1 of 96  Total Pages )

 

 

 

Brilliant Group Logistics INC.
159 N. Central Ave. Valley stream, NY 11580
Tel : (516) 599-2406 Fax : (516) 599-0528