THE SHIPPING CONFERENCES EXEMPTION ACT: A STEP TOWARDS THE U.S. REFORMS--BUT ARE WE MOVING IN THE RIGHT DIRECTION?

The exemption of shipping conferences from the competition and antitrust laws has been the most controversial issue in ocean liner shipping since the 1990s. Despite amendments to conference laws in several jurisdictions, many critics continue to maintain that it is an archaic piece of legislation, increasingly at odds with current developments in deregulation and free trade. This paper examines the Canadian Shipping Conference Exemption Act of 1987 (SCEA), factors leading up to the amendments, the recent amendments to SCEA introduced in Bill C-14, and its implications. The major reforms of the U.S. Ocean Shipping Reform Act of 1998 are also examined along with its impacts. Major U.S. and Canadian reforms are compared. Regulatory trends in shipping are examined, and conclusions are provided in the closing section.