Federal Maritime Commission Continues To Grapple With Detention And Demurrage Issues

Highlights

• The Federal Maritime Commission (FMC) recently met to discuss its efforts to address ocean carriers' detention and demurrage practices, as well as improve supply chain data transparency.
• The FMC has released a pre-publication draft of an Advance Notice of Proposed Rulemaking (ANPRM) that seeks public comment on whether the FMC should require common carriers and marine terminal operators to provide certain information concerning (or with) demurrage and detention billings.
• The FMC is continuing various initiatives and audits following a 2021 memorandum of understanding between the FMC and the U.S. Department of Justice's Antitrust Division, along with President Joe Biden's "Executive Order Promoting Competition in the American Economy," concerning anti-competitive conduct and the potential for both criminal and civil violations.