A planned operational alliance between Maersk A/S and Hapag-Lloyd AG, aimed at jointly using vessels in shipping routes between the US and Asia, the Middle East, and Europe, has been delayed by the Federal Maritime Commission (FMC) to assess potential competitive impacts.
The alliance, known as the Gemini Cooperation Agreement, was filed on May 31, 2024. Typically, such agreements become effective 45 days after filing unless the FMC requests additional information, as it has done in this case. The FMC has stated that the initial submission lacks sufficient detail for a thorough analysis of its competitive implications.
The commission’s Request for Additional Information (RFAI) process seeks clarification on undisclosed commercial details, which are not publicly available. The agreement’s review will resume once the FMC receives a satisfactory response to its inquiry.
Thereafter, the FMC has another 45 days to scrutinize the agreement for both competitive and legal concerns before it can take effect. A 15-day public comment period will open once the RFAI notice is published in the Federal Register.
As a result of the FMC’s action, the Gemini Cooperation Agreement, which was slated to commence on July 15, 2024, will not go into effect as scheduled pending further review and resolution of the commission’s inquiries.
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