The US Federal Maritime Commission (FMC) said the Premier Alliance of HMM, Ocean Network Express (ONE) and Yang Ming will not go into effect, because the Commission needs more information to determine the potential competitive impacts of the arrangement.
The Premier Alliance Agreement would have gone into effect on 12 December absent this action by the Commission.
FMC uses the RFAI process to obtain documents and verifiable information necessary to achieve clarity on matters that were not addressed by the filing parties or where insufficient details were provided in the originally filed agreement. The Commission has determined that the Premier Alliance Agreement as submitted lacks sufficient information to allow for a complete analysis of potential competitive impacts and whether the agreement fully complies with all statutory requirements.
“Information sought as part of an RFAI is commercially sensitive and is not publicly published,” said FMC in a statement. The Commission noted that the reconsideration of the agreement will not commence until it has received a fully compliant response to its inquiry.
The Commission has 45 days from when it determines responses to the RFAI are deemed complete to review the agreement for competitive and legal concerns before it becomes effective.
FMC added that a 15-day public comment period will open once public notice of the RFAI is published in the Federal Register next week.
