Extension of Dual Rate Contract Agreements: Hearing Before the Merchant Marine and Fisheries Subcommittee of the Committee on Interstate and Foreign Commerce, Eighty-sixth Congress, Second Session, on H.R. 10840 : an Act to Amend Public Law 85-626 Relating to Dual Rate Contract Agreements, May 23, 1960

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Considers H.R. 10840, to amend the Shipping Act of 1916 to extend for a period of one year the operation of steamship conferences utilizing dual rate contract agreements whereby shippers who ship exclusively with shipping companies belonging to a conference are offered reduced rates.
 

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Page 15 - Third. Retaliate against any shipper by refusing, or threatening to refuse, space accommodations when such are available, or resort to other discriminating or unfair methods, because such shipper has patronized any other carrier or has filed a complaint charging unfair treatment, or for any other reason.
Page 2 - CHANGES IN EXISTING LAW MADE RY THE BILL, AS REPORTED In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic...
Page 20 - A Department of Defense representative stated in his testimony on HR 525 last year that reports of the Bureau of Transport Economics and Statistics of the Interstate Commerce Commission...
Page 2 - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Section 2 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, as amended (USC, title 15, sec.
Page 10 - ... any portion of the freight money by a carrier to any shipper as a consideration for the giving of all or any portion of his shipments to the same or any other carrier, or for any other purpose, the payment of which is deferred beyond the completion of the service for which it is paid, and is made only if, during both the period for which computed and the period of deferment, the shipper has complied with the terms of the rebate agreement or arrangement. Second. Use a fighting ship either separately...
Page 12 - ... a truce between the contending lines. To terminate existing agreements would necessarily bring about one of two results: the lines would either engage in rate wars which would mean the elimination of the weak and the survival of the strong, or to avoid a costly struggle, they would consolidate through common ownership. Neither result can be prevented by legislation, and either would mean a monopoly fully as effective, and it is believed more so, than can exist by virtue of an agreement.
Page 12 - These advantages, the Committee believes, can be secured only by permitting the several lines in any given trade to cooperate through some form of rate and pooling arrangement under Government supervision and control.
Page 27 - Therefore, coordinate with these three clauses aimed at specific practices, a fourth category, couched in general language, was added : "resort to other discriminating or unfair methods . . . ." In the context of § 14 this clause must be construed as constituting a catchall clause by which Congress meant to prohibit other devices not specifically enumerated but similar in purpose and effect to those barred by § 14 First. Second, and the "retaliate
Page 14 - The Conference is a voluntary association of 17 common carriers by water serving the inbound trade from Japan, Korea, and Okinawa to ports on the United States Atlantic and Gulf Coasts. Five of the carriers are American lines, eight are Japanese, and four are of other nationalities. The Conference presently operates under a Board approved Conference Agreement made in 1934.
Page 15 - Conference rates on 10 of the major commodities moving in the trade. The action was primarily directed at Isbrandtsen's competition; the Board found that "it was hoped that the rate war would lead to Isbrandtsen's joining the Conference or to the institution of the dual rate system or other system." On succeeding dates in the spring of that year, the Conference opened rates on most of the major items in the trade. In the resulting rate war, the level of rates dropped to about 80 percent and later...

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