How Do We Fix the Competition Problem in Shipping? The Role for Private Actions under the Shipping Act

On this episode of Ruled by Reason, AAI Vice President for Legal Advocacy Kathleen Bradish hosts J. Wyatt Fore and David Golden of Constantine Cannon to discuss their work in private antitrust enforcement under the Shipping Act. They explain how consolidation in the shipping industry has led to a serious competition problem, one that came into full view when Covid-19 exposed a dangerous lack of resilience in the supply chain. The conversation covers the role of the Federal Maritime Commission in antitrust enforcement and the role for private enforcement in working alongside the FMC to encourage greater competition in shipping. Wyatt and David discuss their own experience litigating in front of the FMC and improvements that can be made to the process to make it easier for private plaintiffs to bring meritorious claims. This episode is for anyone interested in finding out more about competition in an industry that touches on nearly every aspect of our lives. After listening, head over to the AAI website to read Wyatt and Kathleen’s white paper “Competition Enforcement, Private Actions and the Shipping Act” for a deeper dive on the issues raised here.

David Golden is a partner in the Washington, DC office of Constantine Cannon. His practice focuses on antitrust litigation and counseling, especially in high-technology industries. He has represented both plaintiffs and defendants in various areas of antitrust law, including price fixing, tying, bundling, monopolization, and merger analyses, and he also represents clients before government agencies and in policy advocacy. David is widely published on antitrust especially with respect to IP and technology issues. Before practicing law, he was in the software industry.

Wyatt Fore is an attorney in the Washington, DC office of Constantine Cannon, where he concentrates his practice on antitrust litigation, government investigations, and merger and acquisition advocacy. He also provides counseling on a wide array of matters, including antitrust considerations for emerging technologies. Wyatt writes frequently on antitrust issues and co-edited the ABA Antitrust Section In addition to litigating the Intermodal Motor Carrier case, Wyatt writes frequently on antitrust issues, including co-editing the ABA Antitrust Section’s white paper on Competition Implications of Big Data and Artificial Intelligence / Machine Learning.