Litigation Co-Chair Gary D. Sesser was cited in a May 17, 2017 article in Global Competition Review on the Federal Maritime Commission’s antitrust enforcement role in the shipping industry. Consistent with the Administration’s policy to put American interests first, Congress is now looking at limiting the antitrust immunity of ocean carrier cartels to negotiate with suppliers and vendors at U.S. ports. The carrier cartels are almost entirely comprised of foreign companies and may be authorized under existing law to negotiate jointly with individual US companies providing services at U.S. ports. Mr. Sesser suggested that the Commission is close to the industry it regulates and has traditionally preferred to address antitrust issues informally. Low shipping rates also could be a reason the Commission has not taken aggressive enforcement action in formal proceedings.
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