Use of Surcharges Increases Antitrust Exposure in the Shipping Industry

During recent years, the use of surcharges has had a significant impact on the shipping
industry. While surcharges have helped increase income for shipping companies, they have also
increased the exposure of these companies to antitrust violations. Government agencies
throughout the world have conducted antitrust investigations related to fuel, security, war risk, and
customs surcharges. In addition, private parties in the U.S. have filed civil lawsuits asserting
antitrust violations. Congress has proposed new legislation to deter antitrust violations and
regulate the use of surcharges. This article analyzes the effects of surcharges on the railroad,
trucking, airline, freight-forwarding, and ocean freight industries.