Federal Maritime Commission statuteshinedown attention attention

or otherwise eliminating destructive, oppressive, or wasteful competition, or for regulating stops, schedules, and character of service, or for other cooperative working arrangements. Docket No. FEDERAL MARITIME COMMISSION WASHINGTON DC 20513 To the United States Senate and House of Representatives Pursuant to section 103e of Reorganization Plan No 7 of 1961 'Similarly, when Congress meant to require agency approval for mergers and acquisitions, it did so unambiguously. the United States Maritime Commission, or the Secretary of Agriculture. As the Court of Appeals concluded, '(t)he whole structure of Section 15, not only the first paragraph listing the type agreement covered, shows an intent to grant the Commission authority to deal with agreements of a continuing nature.'

Title 'every contract or agreement . Cf. ACTION: Final rule. The purpose of that statute is, among other things, “to prevent financial loss and hardship to the American traveling public, who, See Matson Navigation Co. v. FMC, * This case was initiated when respondent Seatrain Lines, Inc. (Seatrain) filed a protest with the Commission against an agreement reached between Pacific Far East Lines, Inc. (PFEL) and Oceanic Steamship Co. (Oceanic), both of which are also respondents here, whereby Oceanic agreed to sell all its assets to PFEL. The United States Federal Maritime Commission is an independent federal agency based in Washington, D.C. that is responsible for the regulation of oceanborne international transportation of the U.S. The 'agreements' represented in the Report are all 'ongoing' in nature. ..' Section 15 provides that '(e)very agreement, modification, or cancellation lawful under this section . Syllabus. Argued January 31, 1963. As this Court held in California v. FPC, the amended § 7 was 'plainly not a grant of power to adjudicate antitrust issues.' See also.

and Supp.

The Commission vigorously argues that such agreements can be interpreted as falling within the third category—which concerns agreements 'controlling, regulating, preventing, or destroying competition. (1994 ed. Yet the Commission now contends that it had jurisdiction over the agreement because it was one 'preventing' competition. agreement . 'The Commission shall by order, after notice and hearing, disapprove, cancel or modify any agreement, or any modification or cancellation thereof, whether or not previously approved by it, that it finds to be unjustly discriminatory or unfair as between carriers, shippers, exporters, importers, or ports, or between exporters from the United States and their foreign competitors, or to operate to the detriment of the commerce of the United States, or to be contrary to the public interest, or to be in violation of this chapter, and shall approve all other agreements, modifications, or cancellations. . But the courts are the final authorities on issues of statutory construction, FTC v. Colgate-Palmolive Co., 380 U.S. 374, 385, 85 S.Ct.

shall be excepted from the provisions of sections 1 to 11 and 15 of Title 15, and amendments and Acts supplementary thereto.' Although Oceanic did not formally merge with PFEL and retained its corporate existence, it was left as a shell corporation wholly without assets. For example, in summarizing its findings the Committee wrote:'The numerous methods of controlling competition between water carriers in the domestic trade, referred to in the preceding pages, may be grouped under three headings, viz, (1) control through the acquisition of water lines or the ownership of accessories to the lines; (2) control through agreements or understandings; and (3) control through special practices.' Maritime Services file a complaint with the Federal Maritime Commission (FMC), arguing that SCSPA violated the Shipping Act by its denials. In denying Seatrain's application for a hearing and approving the agreement, the Commission held that Seatrain had failed to make sufficient allegations to show that the acquisition of assets would be destructive of competition. The Committee's reasons for this decision are crucial to the issue presently before us. Cf. Most of these 'agreements' are cooperative working arrangements.

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