LITIGATION

The Commission has statutory authority to represent itself in different types of judicial proceedings. Under the Hobbs Act (28 U.S.C. §2341), when a Commission order, decision, or rulemaking is challenged in a U.S. court of appeals, both the Commission (represented by the FMC’s General Counsel) and the United States (represented by U.S. Department of Justice attorneys) must be named as respondents, and both have authority to appear in court in such cases.  Parties seeking review of a final Commission decision must address a copy of their petition for review to "Office of the General Counsel, Federal Maritime Commission, Washington, DC 20573."  They must also address a copy of the petition to the United States Department of Justice.

The Commission holds the authority to represent itself in suits seeking injunctive relief against conduct in violation of the Shipping Act of 1984.  Such proceedings are undertaken in connection with administrative investigations or adjudications, and are filed in Federal district court.  In addition, the Commission represents itself in proceedings before the U.S. District Court for the District of Columbia seeking to enjoin the operation of any filed agreement that it determines to be substantially anticompetitive under the standards of the Shipping Act of 1984 (46 U.S.C. app §1705(a)).  The Commission also retains the authority to represent itself in appeals of rules promulgated under section 19 of the Merchant Marine Act, 1920, and to enforce subpoenas issued pursuant to that section in Federal district court.