The Federal Maritime Commission has opened a 15-day comment period for members of the public to comment in response to a newly filed vessel sharing agreement between Ocean Network Express (ONE), Hyundai Merchant Marine (HMM), and Yang Ming Marine Transportation (Yang Ming).
ONE, HMM, and Yang Ming are parties to THE Alliance Agreement (No. 012439) that is currently in effect.
The agreement, titled the Premier Alliance Agreement, authorizes the three ocean common carriers to share vessels; charter or exchange vessel space; discuss and agree on the size, number, and operational characteristics of vessels operated under the agreement; and engage in other related activities.
The Premier Alliance Agreement (No. 201435) is available for public inspection in the Commission’s online Agreement Library.
Instructions for submitting comments are included in the Notice of Agreement Filed and Request for Public Comments published in the Federal Register. Comments will be most helpful to the Commission if received on or before November 20, 2024.
Comments submitted are confidential and exempt from public disclosure under 46 CFR 535.608 and subject to the exceptions noted there.
Activities conducted under agreements filed with the Commission and in effect are exempt from federal antitrust laws. If the Commission takes no action, the Premier Alliance Agreement will become effective on December 12, 2024.
The Commission is reviewing the agreement to assess whether it is likely, by reducing competition, to cause an unreasonable reduction in transportation service or an unreasonable increase in transportation cost or to substantially lessen competition in purchasing certain services. See 46 U.S.C. § 41307(b). The Commission is also reviewing the agreement to ensure that it complies with restrictions on ocean common carriers imposed by 46 U.S.C. § 41105, other Shipping Act provisions, and the Commission’s regulations.