CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
FEDERAL MARITIME COMMISSION, and United States of America, Respondents,
Transpacific Westbound Rate Agreement, Trans-Pacific Freight Conference of Japan, et al., North Europe-U.S. Pacific Freight Conferences, et al., American Paper Institute, U.S. Atlantic-North Europe Conferences, et al., Asia North America Eastbound Rate Agreement, et al., National Industrial Transportation League, Intervenors.
E.I. DUPONT DE NEMOURS & COMPANY, Petitioner,
v.
FEDERAL MARITIME COMMISSION, and United States of America, Respondents,
Asia North America Eastbound Rate Agreement, et al., U.S. Atlantic-North Europe Conference, et al., North Europe-U.S. Pacific Freight Conferences, et al., Trans-Pacific Freight Conference of Japan, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 20, 1989.
Decided April 6, 1990.
Attorney(s) appearing for the Case
Michael D. Esch, with whom John L. Oberdorfer, Washington, D.C., David F. Zoll, for Chemical Mfrs. Ass'n, Peter A. Friedmann, Portland, Or., and Julie Simon, for E.I. DuPont de Nemours & Co., were on the joint brief, for petitioners in Nos. 88-1850 and 88-1894.
Robert J. Wiggers, Atty., Dept. of Justice, with whom James F. Rill, Asst. Atty. Gen., Michael Boudin, Deputy Asst. Atty. Gen., and John J. Powers III, Dept. of Justice, Washington, D.C., were on the brief, for respondent, U.S. in Nos. 88-1850 and 88-1894.
James P. O'Sullivan, Atty., Fed. Maritime Com'n, with whom Robert D. Bourgoin, Gen. Counsel, Fed. Maritime Com'n, Washington, D.C., was on the brief, for respondent, Fed. Maritime Com'n, in Nos. 88-1850 and 88-1894.
R. Frederic Fisher, with whom Lawrence N. Minch, San Francisco, Cal., for Transpacific Westbound Rate Agreement, Howard A. Levy, for North Europe Conferences, Stanley O. Sher, Marc J. Fink and Anne E. Mickey, Washington, D.C., for Asia North America Eastbound Rate Agreement, et al., David Nolan for North Europe U.S. Pacific Freight Conference, et al., Charles F. Warren, George A. Quadrino, Washington, D.C., and Benjamin K. Trogdon, Arlington, Va., for Trans-Pacific Freight Conference, et al., were on the joint brief for intervenors, Ocean Rate Conferences in Nos. 88-1850 and 88-1894.
William Karas, Washington, D.C., for U.S. Atlantic-North Europe Conference, et al., and F. Conger Fawcett, for North Europe-U.S. Pacific Freight Conferences, et al., also entered appearances for joint intervenors, Ocean Rate Conferences.
Nicholas J. DiMichael and Mark K. Nasseri, Washington, D.C., entered appearances for intervenor, Nat. Indus. Trans. League in No. 88-1850.
Peter A. Friedmann, Portland, Or., entered an appearance for intervenor, American Paper Institute in No. 88-1850.
Before WALD, Chief Judge, RUTH BADER GINSBURG, Circuit Judge, and FRIEDMAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge FRIEDMAN.
FRIEDMAN, Senior Circuit Judge:
These petitions to review challenge a decision of the Federal Maritime Commission (Commission) that the Shipping Act of 1984 (Act or 1984 Act), 46 U.S.C.App. §§ 1701-1720 (Supp. V 1987), permits a conference of ocean common carriers to prohibit its members from using "loyalty contracts," under which a carrier provides lower transportation rates to a shipper...
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