§1703. Agreements within scope of chapter

(a) Ocean common carriers

This chapter applies to agreements by or among ocean common carriers to-

(1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service;

(2) pool or apportion traffic, revenues, earnings, or losses;

(3) allot ports or restrict or otherwise regulate the number and character of sailings between ports;

(4) limit or regulate the volume or character of cargo or passenger traffic to be carried;

(5) engage in exclusive, preferential, or cooperative working arrangements among themselves or with one or more marine terminal operators;

(6) control, regulate, or prevent competition in international ocean transportation; or

(7) discuss and agree on any matter related to service contracts.

(b) Marine terminal operators

This chapter applies to agreements among marine terminal operators and among one or more marine terminal operators and one or more ocean common carriers to-

(1) discuss, fix, or regulate rates or other conditions of service; or

(2) engage in exclusive, preferential, or cooperative working arrangements, to the extent that such agreements involve ocean transportation in the foreign commerce of the United States.

(c) Acquisitions

This chapter does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person.

( Pub. L. 98–237, §4, Mar. 20, 1984, 98 Stat. 70 ; Pub. L. 105–258, title I, §103, Oct. 14, 1998, 112 Stat. 1904 .)

Amendments

1998-Subsec. (a)(5). Pub. L. 105–258, §103(a)(1), substituted "operators;" for "operators or non-vessel-operating common carriers;".

Subsec. (a)(6). Pub. L. 105–258, §103(a)(2), substituted "or" for "and" at end.

Subsec. (a)(7). Pub. L. 105–258, §103(a)(3), added par. (7) and struck out former par. (7) which read as follows: "regulate or prohibit their use of service contracts."

Subsec. (b). Pub. L. 105–258, §103(b)(1), struck out "(to the extent the agreements involve ocean transportation in the foreign commerce of the United States)" after "agreements" in introductory provisions.

Subsec. (b)(1). Pub. L. 105–258, §103(b)(2), substituted "or" for "and" at end.

Subsec. (b)(2). Pub. L. 105–258, §103(b)(3), substituted "arrangements, to the extent that such agreements involve ocean transportation in the foreign commerce of the United States." for "arrangements."

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–258 effective May 1, 1999, see section 2 of Pub. L. 105–258, set out as a note under section 1701 of this Appendix.

Section Referred to in Other Sections

This section is referred to in section 1704 of this Appendix.