US FMC Delays Start of Maersk, Hapag-Lloyd Agreement

2024-07-19

The US Federal Maritime Commission (FMC) has delayed the start of the Gemini Cooperation Agreement between container shipping lines Maersk and Hapag-Lloyd due to insufficient information. The US Maritime Agency determined that the agreement needed more detail to analyze its potential competitive impacts thoroughly.

The Gemini agreement, scheduled to take effect on July 15, was filed with the FMC on May 31 by Maersk A/S, Hapag-Lloyd AG, and Hapag-Lloyd USA. The agreement allows the companies to share vessels in trades between the US and Asia, the Middle East, and Europe.

Agreements typically become effective 45 days after filing unless the Commission issues a Request for Additional Information (RFAI), as in this case. Without the RFAI, the agreement would have gone into effect on July 15. The Commission uses the RFAI process to clarify matters not addressed by the filing parties or where the provided information is insufficient.

Due to its commercially sensitive nature, the information sought is not publicly published. The agreement will be reconsidered once the Commission has received a fully compliant response to its inquiry. Once the responses to the RFAI are deemed complete, the Commission has 45 days to review the agreement for competitive and legal concerns.

A 15-day public comment period will open once public notice of the RFAI is published in the Federal Register.