[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1696 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1696
To repeal certain exemptions from antitrust laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Costa (for himself, Mr. Garamendi, Mr. Panetta, Mr. Johnson of
South Dakota, and Mr. Harder of California) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To repeal certain exemptions from antitrust laws, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Shipping Antitrust Enforcement
Act of 2023''.
SEC. 2. ASSESSMENT AGREEMENTS.
(a) In General.--Section 40305 of title 46, United States Code, is
amended by adding at the end the following:
``(d) Exemption From Antitrust Laws.--The antitrust laws do not
apply to an assessment agreement that has been filed with the
Commission and is effective under this chapter.''.
(b) Conforming Amendment.--Section 40301(e) of title 46, United
States Code, is amended by striking ``sections 40305 and 40307(a)'' and
inserting ``section 40305''.
SEC. 3. REPEAL.
Section 40307 of title 46, United States Code, and the item
relating to that section in the analysis for chapter 403 of such title,
are repealed.
SEC. 4. WRITTEN VIEWS ON MERGERS AND ACQUISITIONS.
(a) In General.--Chapter 413 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 41311. Written views on mergers and acquisitions
``(a) In General.--Commissioners of the Federal Maritime Commission
may analyze and submit written views on merger, acquisition, or other
transactions of common carriers and marine terminal operators, under
the antitrust laws, to the Assistant Attorney General for Antitrust.
``(b) Report.--If the Commissioners transmit a written view to the
Assistant Attorney General for Antitrust under subsection (a), the
Commissioners shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee n Transportation and
Infrastructure of the House of Representatives a copy of such views
accompanied by a report analyzing the following:
``(1) Whether each common carrier pertaining to such
transaction is a controlled carrier.
``(2) The impact of the proposed merger, acquisition, or
other transaction on competition within the ocean shipping
industry.
``(3) The impact of the proposed merger, acquisition, or
other transaction on the trade position of the United States in
the international ocean shipping market, including any trade
imbalance resulting from the business practices of ocean common
carriers.
``(4) Any other matter the Commissioners consider to be of
interest to Congress or the public.''.
(b) Clerical Amendment.--The analysis for chapter 413 of title 46,
United States Code, is amended by adding at the end the following:
``41311. Written views on mergers and acquisitions.''.
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