Independent journal on economy and transport policy
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American FMC rejects the agreement between the Japanese "K" Linens, MOL and NYK for jurisdictional reasons
the Federal Maritime Commission has specified not authority to examine and to approve of fusions
May 3, 2017
Federal agency American Federal Maritime Commission (FMC) has communicated to have at the end rejected the three-sided agreement notified last month from the Japanese shipowning societies Kawasaki Kisen Kaisha ("K" Linens), Mitsui O.S.K. Lines (MOL) and Nippon Yusen Kaisha (NYK), understanding that authorize the three parts to institute and to manage a joint service for the containerized cargo transport on the marine routes between the United States and all the other world-wide nations and to start activity of cooperation in preparation on the performance of the joint service.
The FMC has specified that the failure is decided for jurisdictional reasons as the norm Shipping Act of 1984 does not assign to the Federal Maritime Commission the authority to examine and to approve of fusions. The agreement between the three Japanese companies, announced at the end last year ( on 31 October 2016), it previews the fusion of the respective activities in the field of the containerized marine transport.
"After careful consideration - it has explained the FMC in a note - the Commission has established that the parts of the tripartite agreement are putting into effect a fusion, a new commercial entity and that such action is between the types of agreements excluded from the examination of the FMC". The American federal agency has remembered that, in absence of this decision or of a demand for additional information, the 8 agreement would have taken effect next May.
The FMC has not specified which governmental organism would have the task to examine the fusion planned from the three Japanese companies, organism that however REGIONAL TRANSPORT AIRCRAFT) of the Department of Justice doverebbe to be the division antitrust (American.
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Federal agency American Federal Maritime Commission (FMC) has communicated to have at the end rejected the three-sided agreement notified last month from the Japanese shipowning societies Kawasaki Kisen Kaisha ("K" Linens), Mitsui O.S.K. Lines (MOL) and Nippon Yusen Kaisha (NYK), understanding that authorize the three parts to institute and to manage a joint service for the containerized cargo transport on the marine routes between the United States and all the other world-wide nations and to start activity of cooperation in preparation on the performance of the joint service.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
