46 U.S.C. § 40301

Application

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(a)Ocean Common Carrier Agreements.—This part applies to an agreement between or among ocean common carriers to—(1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service;(2) pool or apportion traffic, revenues, earnings, or losses;(3) allot ports or regulate the number and character of voyages between ports;(4) regulate the volume or character of cargo or passenger traffic to be carried;(5) engage in an exclusive, preferential, or cooperative working arrangement between themselves or with a marine terminal operator;(6) control, regulate, or prevent competition in international ocean transportation; or(7) discuss and agree on any matter related to a service contract.(b)Marine Terminal Operator Agreements.—This part applies to an agreement between or among marine terminal operators, or between or among one or more marine terminal operators and one or more ocean common carriers, to—(1) discuss, fix, or regulate rates or other conditions of service; or(2) engage in exclusive, preferential, or cooperative working arrangements, to the extent the agreement involves ocean transportation in the foreign commerce of the United States.(c)Acquisitions.—This part does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person.(d)Maritime Labor Agreements.—This part does not apply to a maritime labor agreement. However, this subsection does not exempt from this part any rate, charge, regulation, or practice of a common carrier that is required to be set forth in a tariff or is an essential term of a service contract, whether or not the rate, charge, regulation, or practice arises out of, or is otherwise related to, a maritime labor agreement.(e)Assessment Agreements.—This part (except sections 40305 and 40307(a)) does not apply to an assessment agreement.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1528.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40301(a)	46 App.:1703(a).	Pub. L. 98–237, § 4, Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, § 103, Oct. 14, 1998, 112 Stat. 1904.
40301(b)	46 App.:1703(b).
40301(c)	46 App.:1703(c).
40301(d)	46 App.:1704(f).	Pub. L. 98–237, § 5(e) (last sentence), (f), Mar. 20, 1984, 98 Stat. 70; Pub. L. 104–88, title III, § 335(c)(2), Dec. 29, 1995, 109 Stat. 954; Pub. L. 105–258, title I, § 104(a)(2), (b), Oct. 14, 1998, 112 Stat. 1904, 1905.
40301(e)	46 App.:1704(e) (last sentence).

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 2009–2025 · leading case: Arthur West v. Seattle Port Commission

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Arthur West v. Seattle Port Commission (2016) washctapp “” 46 U.S.C. § 40301 (b)(1), (2). ¶33 Allowing the public, including possible competitors, access to the Ports’ meetings on these matters would make it far more difficult for the Ports to develop competitive approaches.”

Federal Maritime Com'n v. City of Los Angeles, California (2009) dcd · cites it 2× “6 46 U.S.C. §§ 40301 (b), 40501(f)-(g), 41102(c), 41103, 41106.”

Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd. (2009) ca9 “See 46 U.S.C. § 40301 . 8 . Although some district courts within the Ninth Circuit have held that the Carmack Amendment did not apply when the cargo at issue was shipped pursuant to a single through bill of lading, these opinions predate Neptune.”

MSC Mediterranean Shipping Company S.A. v. FMC (2025) cadc “See 46 U.S.C. §§ 40301 (a), 40302(a), 40304(b).”

Federal Maritime Commission v. City of Los Angeles, California (2009) dcd · cites it 2× “6 46 U.S.C. §§ 40301 (b), 4050 1(f)-(g), 41102(c), 41103, 41106.”

MERCEDES-BENZ USA, LLC, VS. NIPPON YUSEN KABUSHIKI KAISHA (L-6325-18, BERGEN COUNTY AND STATEWIDE) (2020) njsuperctappdiv “A-3850-18T3 7 [ 46 U.S.C. § 40301 (a).] An agreement between or among ocean common carriers may not "prohibit or restrict a member of the agreement from engaging in negotiations for a service contract with a shipper"; "require a member of the agreement to disclose a negotiation…”

Levin Richmond Terminal Corporation v. City of Richmond (2020) cand “46 U.S.C. §§ 40301 , 40302. Another central feature of the Shipping Act 20 is an exemption from the antitrust laws.”

REGAL-BELOIT CORP. v. KAWASAKI Kisen Kaish (2009) ca9 “See 46 U.S.C. § 40301 . REGAL-BELOIT v. KAWASAKI KISEN KAISHA 1275 overseas shipment conducted under a single ‘through’ bill of lading .”

Regal-Beloit Corporation v. Kawasaki Kisen Kaisha Ltd. (2009) ca9 “See 46 U.S.C. § 40301 . REGAL-BELOIT v. KAWASAKI KISEN KAISHA 2053 Co.”

Regal-Beloit Corporation v. Kawasaki Kisen Kaisha Ltd. (2009) ca9 “See 46 U.S.C. § 40301 . 18 B. Defendants jointly argue that Carmack cannot apply to a shipment from a foreign country into the United States under a through bill of lading, and therefore the parties’ contractual extension of COGSA, with its more liberal rules regarding venue,…”

— 46 U.S.C. § 40301(b)(2) — 1 case

Federal Maritime Commission v. City of Los Angeles, California (2009) dcd “6 46 U.S.C. §§ 40301 (b), 4050 1(f)-(g), 41102(c), 41103, 41106.”

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