Transpacific Westbound Rate Agreement, and Asia North America Eastbound Agreement, Intervenor v. Federal Maritime Commission, United States of America

Transpacific Westbound Rate Agreement (Transpacific) petitions for review of an order of the Federal Maritime Commission (Commission). The Commission’s order declined jurisdiction over parts of shipping agreements that regulate wholly foreign transportation. Transpacific contends that this order violates the clear language of the Shipping Act of 1984 (Act). The Commission had jurisdiction pursuant to 46 U.S.C.App. § 1713. We have jurisdiction to review the Commission’s order under 28 U.S.C. §§ 2342 and 2349. We deny the petition.

I

The Act, 46 U.S.GApp. §§ 1701-1719, authorizes the Commission to regulate ocean shipping lines operating between the United States and foreign countries. The Commission is responsible for monitoring agreements between ocean common carriers concerning rates, sailings, conditions of service, and similar matters, and also for enforcing a number of prohibitions against discriminatory and unreasonable rates and practices. See Act §§ 5, 6, 8, 10; 46 U.S.GApp. §§ 1704, 1705, 1707, 1709. All filed agreements are immune from the antitrust laws. Id. § 7(a), 46 U.S.GApp. § 1706(a).

Sections 4 and 5 of the Act set the standard for mandatory filing of shipping…