Pier Pressure: Regulation and Competition in Maritime Shipping

Education and Workforce MarkupsHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust · 2026-03-17 · 119th Congress
The House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust held this hearing to examine the antitrust exemption ocean carriers have held since the Shipping Act of 1916, and whether consolidation into three global shipping alliances has harmed American shippers, exporters, and consumers. Begins at 0:11:10
Transcript
Highlights

Title

Examining the Shipping Act's antitrust exemption for ocean carriers

Purpose

The House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust held this hearing to examine the antitrust exemption ocean carriers have held since the Shipping Act of 1916, and whether consolidation into three global shipping alliances has harmed American shippers, exporters, and consumers. Four witnesses testified on the Federal Maritime Commission's (FMC) oversight record, the case for repealing or narrowing the exemption, and impacts on industries like dairy exports, while Democratic members used the hearing to argue Congress should instead focus on tariffs, gas prices, and broader affordability concerns. Begins at0:11:10

Who spoke

Chairman Scott Fitzgerald (R-WI)0:11:10: Opened by tracing the 1916 Shipping Act's antitrust exemption and noting the top 20 carriers went from controlling ~50% of container capacity in 1998 to nearly 90% by 20180:13:06; said the FMC has never once brought an enforcement case against carrier agreements despite having the authority0:15:58, and flagged COSCO's ownership by the Chinese Communist Party as a national security concern0:14:12.

Ranking Member Jerry Nadler (D-NY)0:20:13: Argued the hearing misses the moment given rising grocery, rent, and health-insurance costs0:20:41, cited over $230 billion in tariff costs to consumers since the Trump administration began0:21:44, and criticized the DOJ's settlement of the Live Nation/Ticketmaster case, noting a judge admonished the parties for "absolute disrespect for the court"0:25:20.

Rep. Jamie Raskin (D-MD), Ranking Member, full committee0:26:56: Said a third of Americans (~82 million) are skipping meals or health care to pay utilities0:26:56, cited a Fed study finding 90% of tariff costs were paid by American companies and consumers0:30:05, and said the administration fired Assistant Attorney General Gail Slater over her opposition to political interference in antitrust review0:30:59.

Ms. Erika Douglas, Temple University Law0:36:35: Testified the ocean shipping antitrust exemption (Shipping Act §4307) is no longer justified now that no major American carriers remain0:38:28, noting three alliances control up to 95% of ocean shipping (up from 30% in 2011) and the FMC has 360-plus agreements on file0:39:42; recommended repealing the exemption0:41:05.

Mr. Tony Rice, National Milk Producers Federation0:41:23: Said the US-flagged fleet is just 2.3% of global capacity, leaving dairy exporters almost wholly dependent on foreign carriers0:42:29, and that the industry lost over $1.5 billion in 2021 due to shipping disruptions0:44:10; described a container rolled so many times the original ship completed a round trip to Asia before finally carrying it1:05:51.

Professor Richard Sicotte, University of Vermont0:46:20: Explained that FMC data show nearly 90% of transatlantic/transpacific trade is carried by the three alliances0:48:34, and said there's little public information on what economic analysis FMC staff actually perform when monitoring agreements0:49:51; recommended DOJ/FTC review of carrier agreements using FMC's confidential data0:50:45.

Dr. Diana Moss, Progressive Policy Institute0:51:16: Said the top four container shippers control 60% of the global market and the three alliances up to 90%0:52:58, and criticized recent "premature settlements," citing Live Nation/Ticketmaster, Hewlett-Packard/Juniper, and RealPage as examples that failed consumers0:54:20.

Rep. from Texas (Judiciary majority member)0:56:13: Asked whether consolidating FMC enforcement functions into DOJ/FTC would help0:56:20, and whether alliances exploit loopholes0:57:10.

Rep. from North Carolina1:05:20: Asked about the alliance system's impact on agricultural exporters and the Trump administration's Maritime Action Plan, drawing out that Chinese shipbuilders build roughly 230 times as many ships per year as the US1:07:53.

Rep. Becca Balint (D-VT)1:20:32: Pressed witnesses on whether the alliances function like cartels, with Sicotte agreeing the concentration is significant1:21:57 and Rice confirming perishability makes dairy exporters especially vulnerable to carrier scheduling problems1:25:12.

Rep. from California1:26:09: Pressed Douglas on whether US importers/exporters pay more than counterparts elsewhere, with Douglas acknowledging that degree of market power is difficult to measure and unknown1:27:01; explored whether a merger with this level of concentration (60-95% share) would be blocked today, which Douglas confirmed1:28:43.

Rep. from Georgia (Democratic member)1:31:54: Argued the hearing distracts from real affordability concerns like private equity buying up housing and medical practices1:32:37, and asked witnesses to name one thing "MAGA Republicans" have done to lower costs1:35:07, prompting Moss's response on tariffs as a consumer tax1:35:40; entered Reuters, Gallup, and New York Times articles on tariffs, healthcare costs, and oil prices into the record1:37:10.

Key moments

Fitzgerald noted freight rates for a container rose from $1,300 to as much as $11,000 during the COVID pandemic, which he attributed partly to carriers' monopoly power0:14:38.

Douglas testified the FMC has never brought a case against carrier agreements despite holding that power for over 40 years, even though DOJ warned in 2016 that the proposed Ocean Alliance agreement would "enhance market power" — the FMC approved it anyway and has extended it to March 20320:38:580:18:27.

Nadler and Raskin both cited estimates that American consumers have paid over $230 billion (Nadler) or $2,500 per family (Raskin) due to Trump-era tariffs, with Raskin citing a Fed study finding 90% of tariff costs fell on American companies and consumers rather than foreign exporters0:21:440:30:05.

Sicotte said he does not "really understand what kind of economic analysis" FMC staff conduct when monitoring the 360-plus filed carrier agreements, since the process is not public0:49:51.

Rice described a dairy export container rolled repeatedly during the pandemic until the original scheduled ship completed a round trip to Asia and back before finally carrying the container1:05:51, and said the industry lost over $1.5 billion in 2021 to shipping disruptions0:44:10.

Moss testified the top four container shippers control 60% of the global market while the three alliances control up to 90-95%, levels that would be "presumptively illegal" for a merger0:52:581:28:43.

Douglas drew a direct parallel to a 2024 antitrust case against American Airlines, where a scheduling agreement was found to reduce capacity — suggesting DOJ should examine whether ocean alliances similarly reduce capacity or allocate markets1:16:46.

Rice said Chinese shipbuilders produce roughly 230 times as many ships annually as US shipyards, underscoring the lack of a domestic carrier alternative1:07:53.

Moss and Douglas both criticized the DOJ's settlement of the Live Nation/Ticketmaster monopolization case, with Moss saying it "does nothing" to reduce the company's market power and predicting "20 more years" of the same conduct1:02:41.

Balint and Sicotte discussed whether the term "cartel" fairly describes the alliances; Sicotte said that while carriers cannot legally fix rates jointly, jointly fixing capacity "can potentially have the same impact"1:23:43.

Metadata

CommitteeHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust
Chamber / CongressHouse · 119th Congress
Date2026-03-17
TypeHearing
Witnesses
Dr. Diana Moss — Vice President and Director of Competition Policy, Progressive Policy Institute
Mr. Tony Rice — Senior Director of Trade Policy, National Milk Producers Federation
Mr. Richard Sicotte — Professor of Economics, University of Vermont
Ms. Erika Douglas — Associate Professor of Law, Temple University
Videoyoutube
Transcript259 caption blocks · 12,753 words · 1:37:55 runtime
EventCongress.gov 119042