Hamburg Süd v. FMC — D.C. Cir. (Oct 16, 2026)
The D.C. Circuit hears a dispute between ocean carrier Hamburg and its customer, OJ Commerce. During the pandemic shipping crunch, OJC complained that Hamburg was not carrying the agreed volume under their year-long contract. After OJC threatened to complain to the Federal Maritime Commission, Hamburg stopped negotiating a renewal. Hamburg will point to continued spot-market shipping: individual shipments priced at prevailing market rates rather than an annual contract. The Commission found unlawful retaliation and refusal to deal, and awarded about seventeen point six million dollars, including additional damages. Reparations means money awarded for injury under the Shipping Act. Hamburg will challenge the Commission’s authority and its damages award. OJC will seek more compensation, challenging the number of containers and shipping costs used to estimate its losses. The Commission will defend its authority and calculations. The unit FFE means one forty-foot shipping-container equivalent.
Hamburg Süd v. FMC (No. 25-1156) — U.S. Court of Appeals for the D.C. Circuit, argued October 16, 2026.
- 0:00Introduction
- 2:17Agency hearings and jury rights
- 24:03Service contracts and damages