This article explores the historical basis for and nature of the existing regulatory model for the U.S. shipping industry, the reasons suggested for the changes under consideration, and the possible impact of the proposed changes. The article concludes that the primary justifications for continued regulation of ocean shipping are flawed and thus require more serious consideration than is likely to occur through the legislative hearing process. Alternatively, if the changes are imperative politically, the facts suggest efficient U.S. liner companies are likely to thrive in a more competitive regime. More radical deregulation than Congress has considered seriously, therefore, might be desirable.
George E. Garvey, Regulatory Reform in the Ocean Shipping Industry: An Extraordinary U.S. Commitment to Cartels, 18 GEO. WASH. J. INT’L L. & ECON. 1 (1984).