FMC to introduce alternative reporting
The Global Shippers Forum (GSF) thanked the Federal Maritime
Commission (FMC) for its thoughtful examination of the P3 Global
Alliance Agreement in accordance with its remit under the US Shipping
Act of 1984 and the Ocean Shipping Reform Act of 1998.
GSF sources said that the US regulatory framework provides anti-trust
immunity for ocean liner carriers to discuss prices, costs and capacity
arrangements in a regulated environment under agreements filed with the
FMC.
GSF Secretary General Chris Welsh said, "GSF members understand and
appreciate the benefits that can flow from vessel sharing agreements. We
welcome the fact that the FMC has listened to the GSF regarding
unreasonable costs or rate rises. We also welcome the fact that the FMC
is to implement alternative reporting in its 'on-going close monitoring
of the Agreement'."
In November 2013, the GSF summarised the concerns of many shippers by
calling upon the FMC to fully examine the potential impact of the P3 on
prices, services and service quality to ensure that the unprecedented
market power of the P3 did not afford the parties the opportunity to
impose unreasonable increases in transportation costs or unreasonable
reductions in transportation services impacting shippers.
On December 5, 2013, the FMC slowed implementation of the P3 Alliance
Agreement pending further analysis based on questions raised by the GSF
and other shipper interests.
Welsh said, "GSF further appreciates that the 'new reporting
requirements' have been specifically tailored to the P3's 'unique
authority' to ensure that relevant information is provided to ensure
that the FMC can act quickly in the event of abuse or unreasonable
increases in transportation rates and costs or reductions in
transportation services.
GSF sources said that it was appreciative of the thorough analysis
undertaken by the FMC. In particular, GSF has warmly welcomed the
institution of specific monitoring program to ensure that the P3 parties
"play by the rules". We also welcome the safeguards drafted into the P3
Agreement to ensure that the P3 Parties negotiate independently and
enter into separate contracts with third parties.
Chris Welsh said, "This is exactly what the GSF sought under the
FMC's regulatory authority. We will offer our observations to the FMC to
discuss implementation of monitoring arrangements and how GSF can assist
this on-going process".
Attention now turns to Brussels where the GSF recently submitted a
new legal brief, framed by the EU's guidelines on competition. |