A judge at the Federal Maritime Commission (FMC) in Washington DC has fined Maersk subsidiary Hamburg Süd $9.8 million in a highly publicized case. The FMC received a complaint from OJ Commerce (OJC), a Florida-based furniture importer, alleging price gouging, collusion, and contract breaches.
OJC claimed that Maersk violated their contract and, when confronted, cut off their business relationship, forcing OJC to rely on the costly spot market. While OJC sought $100 million in damages, the FMC determined that a fine of $9.8 million was appropriate, surpassing any fines issued by the FMC this year.
The judge highlighted the case's complex legal issues surrounding refusal to deal claims, retaliation claims, and reparations calculation. Both parties engaged in extensive litigation, with allegations of discovery violations.
