This Comment examines the U.S. shipping industry’s antitrust exemption under the Shipping Act and argues that it is no longer justified in today’s market. It traces the legislative history from the Shipping Act of 1916 to the Ocean Shipping Reform Act of 2022, along with recent proposed reforms in 2023. The Comment explores key case law interpreting the exemption and demonstrates how major industry disruptions—most notably the COVID-19 pandemic—have exposed weaknesses in the current regulatory framework. Applying punctuated equilibrium theory, it argues that the current moment is ripe for reform. Given the industry’s consolidation into a few powerful, largely foreign-flagged alliances, the original justifications for the exemption no longer hold, and eliminating it would better promote competition and protect U.S. interests.
The original piece can be found here: https://plus.lexis.com/api/permalink/d911e1d5-1ab0-451f-aa4e-558c22098d24/?context=1530671