The Gemini Cooperation Agreement will take effect today by the operation of law. Nonetheless, I have questions and concerns about whether the Gemini Cooperation Agreement filed with the FMC has, or will, result in anti-competitive consequences that violate the Shipping Act.
That said, current law does not provide the Commission with any additional time to further evaluate the proposed Agreement and no viable way to stop it from taking effect at this time.
So, while the agreement does take effect, I have joined my colleagues in ordering FMC staff to engage in immediate and ongoing rigorous monitoring of the Gemini Cooperation Agreement to ensure that it doesn’t illegally impact U.S. importers, exporters, covered service providers, and consumers.
Daniel B. Maffei is a Commissioner with the U.S. Federal Maritime Commission. The thoughts and comments expressed here are his own and do not necessarily represent the position of the Commission.