535.311—Low market share agreements—exemption.
(a)
Low market share agreement means any agreement among ocean common carriers which contains none of the authorities listed in § 535.502(b) and for which the combined market share, based on cargo volume, of the parties in any of the agreement's sub-trades is either:
(1)
Less than 30 percent, if all parties are members of another agreement in the same trade or sub-trade containing any of the authorities listed in § 535.502(b); or
(2)
Less than 35 percent, if at least one party is not a member of another agreement in the same trade or sub-trade containing any of the authorities listed in § 535.502(b).
(b)
Low market share agreements are exempt from the waiting period requirement of the Act and this part, and are effective on filing.
(c)
Parties to agreements may seek a determination from the Director, Bureau of Trade Analysis, as to whether a proposed agreement meets the general definition of a low market share agreement.
[69 FR 64414, Nov. 4, 2004, as amended at 70 FR 20303, Apr. 19, 2005]