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Following the $9.8m penalty imposed on Maersk-owned operator Hamburg Süd last week, the US Federal Maritime Commission (FMC) is to revise OSRA 22, itself a revision of the Shipping Act, to give a clearer definition of “refusal to deal”.

The FMC found Hamburg Süd in violation of the act’s provision 41104(a)(10), ‘refusal to deal’, ruling that the carrier shut out complainant OJ Commerce, a Florida-based furniture importer, in retaliation for legal action against the carrier.

The evidence was uncovered ...

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