In late May, the Global Shipping Business Network (GSBN), a consortium of ocean carriers and terminal operators, filed a petition with the Federal Maritime Commission (FMC) to obtain an antitrust exemption under the U.S. Shipping Act of 1984. The Act seeks to promote efficient ocean commerce and industry response to international shipping practices by, among other things, providing for antitrust immunity for ocean common carrier agreements filed with the FMC that concern activities outlined in the Act. The FMC is the independent agency charged with regulating oceanborne transportation related to foreign commerce and monitoring agreements among carriers for anti-competitive effects. If the FMC takes no action on a submitted agreement, that agreement becomes effective and federal antitrust laws do not apply to activities undertaken pursuant to the agreement.

In this instance, the requested exemption would allow the members of the GSBN to participate in the operation of a “blockchain-enabled, global trade digitized process” that will enable shippers, authorities and others within the consortium to exchange supply chain-related event data and documents and collaborate with the software provider, CargoSmart. According to the filed Cooperative Working Agreement, the GSBN platform will: (1) provide APIs to the parties for publication of event data with respect to cargo moving through the supply chain; (2) allow for storing and sharing of documents on the platform; and (3) display a user interface for viewing event data, documents and access permissions. Additionally, the agreement places limitations on the handling and internal disclosure of confidential information exchanged among the parties, and also prohibits the parties from sharing intimate details about particular customer agreements or practices or confidential pricing. The GSBN petition was filed on May 26, 2020 (and opened to public comment), and will become effective on July 10, 2020, unless the FMC moves to block the exemption.

This petition comes on the heels of the FMC’s granting of a similar antitrust exemption to another blockchain based shipping consortium, TradeLens, in February 2020. The popularity of blockchain-based shipping consortia is no surprise given the potential for cost savings and efficiencies in a space which is ripe for modernization. However, as one can see, it’s not just technology that is required to establish a blockchain platform for supply chain – parties to a blockchain consortium must ensure all of the appropriate governance is in place as well, which might include operating agreements, antitrust and regulatory approvals, and other related agreements. For deeper insight into the legal and practical issues in this area, please see our Practice Note, Blockchain and Supply Chain Management.

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Photo of Jonathan Mollod Jonathan Mollod

Jonathan P. Mollod is an attorney and content editor and a part of the firm’s Technology, Media and Telecommunications (TMT) Group. Jonathan earned his J.D. from Vanderbilt Law School. He focuses on issues involving technology, media, intellectual property and licensing issues and general…

Jonathan P. Mollod is an attorney and content editor and a part of the firm’s Technology, Media and Telecommunications (TMT) Group. Jonathan earned his J.D. from Vanderbilt Law School. He focuses on issues involving technology, media, intellectual property and licensing issues and general online/tech law issues of the day.

Photo of Jeffrey Neuburger Jeffrey Neuburger

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise…

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise, combined with his professional experience at General Electric and academic experience in computer science, makes him a leader in the field.

As one of the architects of the technology law discipline, Jeff continues to lead on a range of business-critical transactions involving the use of emerging technology and distribution methods. For example, Jeff has become one of the foremost private practice lawyers in the country for the implementation of blockchain-based technology solutions, helping clients in a wide variety of industries capture the business opportunities presented by the rapid evolution of blockchain. He is a member of the New York State Bar Association’s Task Force on Emerging Digital Finance and Currency.

Jeff counsels on a variety of e-commerce, social media and advertising matters; represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements; advises on the implementation of biometric technology; and represents clients on a wide range of data aggregation, privacy and data security matters. In addition, Jeff assists clients on a wide range of issues related to intellectual property and publishing matters in the context of both technology-based applications and traditional media.