The U.S. Federal Maritime Commission (FMC) stated that, by law, it has a maximum of 45 days to review a newly filed agreement or responses to a Request for Additional Information (RFAI) before the agreement automatically comes into effect.
Concerns have been raised about the potential impact on competition, as U.S. law (46 U.S.C. 41307) allows the FMC to uate whether such agreements could unreasonably reduce service or increase costs due to decreased competition.
Commissioner Maffei acknowledged that the current law does not permit any further delay in uating the agreement or stopping it from taking effect. However, he noted that the FMC has directed its staff to conduct immediate and continuous monitoring of the Gemini Cooperation to ensure it does not negatively impact U.S. importers, exporters, service providers, or consumers.
New Partnerships
The FMC confirmed that the Gemini Cooperation would be subject to enhanced examination and oversight starting immediately.
The formation of the Gemini Cooperation comes after Maersk and MSC announced the dissolution of their existing 2M Alliance, effective from February 2025. Following this announcement, MSC, the world’s largest container shipping line, revealed plans for a standalone global network.
Additionally, MSC has entered into a three-year cooperation with ZIM Line for services on the Asia to U.S. East Coast and Asia to U.S. Gulf trades starting in February 2025. This agreement includes slot swaps and vessel-sharing arrangements across six services connecting Asia to ports on the U.S. East Coast, Mexico's West Coast, the Caribbean, and the U.S. Gulf.