The FMC delayed approval of the Gemini alliance and launched an investigation
On July 12, the Gemini cooperation review proposed by Maersk and Hapag Lloyd, two of the world's largest liner giants, was delayed by the U.S. Federal Maritime Commission (FMC), causing widespread concern and discussion in the industry.
The FMC's review seeks to determine whether the cooperation agreement is likely to lead to an unreasonable reduction in transportation services or an unreasonable increase in transportation costs by reducing competition, or whether it would substantially lessen competition for the purchase of certain covered services.
In a statement, FMC noted that the submitted Gemini partnership agreement lacked sufficient detail to allow for a full competitive impact analysis. To this end, the organization initiated the Supplemental Additional Information Procedure (RFAI), delaying the approval that was supposed to take place 45 days after the submission of the document. As required, the FMC will conduct a 15-day public comment period and await a revised document in response to specific questions raised.
Maersk and Hapag Lloyd are the world's second and fifth largest container lines, respectively. In January 2024, the two companies announced their plan to collaborate on a long-term operational collaboration program called Gemini, covering 26 trunk services across seven major trade routes, starting in February 2025.
The collaboration will involve the operation of approximately 290 vessels with a total capacity of approximately 3.4 million TEU, of which 60% will be invested by Maersk and 40% by Hapag Lloyd. It is expected that when the overall cooperation is fully implemented in the future, the on-time rate of the shipment will exceed 90%. Benefit from the world's leading port to port connectivity on major trade routes, improve transport cycle times, and enable customers to obtain better service.
Cooperation agreements between liner companies have sparked widespread controversy during the pandemic. Critics point out that the high concentration of the industry has resulted in more than 80% of the capacity being controlled by a few companies, which has limited competition in the market. However, the World Shipping Council (WSC) has defended its member companies, arguing that sharing capacity and routes provides better and better access, while companies still set prices independently and negotiate competitive freight contracts.
Despite the uncertainty created by FMC's delayed review, Maersk and Hapag Lloyd remain confident in the Gemini agreement. The companies said they will continue to work with FMC and do not expect this decision to have an impact on the Gemini partnership network.