Maersk Fined $1.9 Million by Federal Maritime Commission Over Improper Detention Billing

## Maersk Fined $1.9 Million Over Detention Charge Violations A.P. Moller-Maersk has settled a $1.9 million fine with the Federal Maritime Commission (FMC) following findings that the Danish shipping giant improperly levied detention charges against parties who were not signatories to its service contracts, according to FreightWaves. The penalty underscores the FMC's continued scrutiny of carrier billing practices, particularly around demurrage and detention — fees that have drawn intense regulatory and congressional attention in the years following pandemic-era supply chain disruptions. ### Regulatory Context The FMC has significantly ramped up enforcement activity in recent years, empowered in part by the Ocean Shipping Reform Act of 2022 (OSRA-22), which granted the commission broader authority to investigate and penalise carriers for unreasonable detention and demurrage practices. Billing third parties who have no contractual relationship with the carrier has been a particular area of concern, as such parties often have limited recourse to dispute or appeal the charges. Detention fees — charged when cargo equipment such as containers is kept beyond an agreed free period outside port premises — have long been a source of friction between ocean carriers and shippers, freight forwarders, and truckers. Critics argue that carriers have at times used these fees as a revenue stream rather than a genuine incentive to return equipment promptly. ### Industry Implications The Maersk settlement is one of the more significant FMC enforcement actions in recent memory and is likely to send a clear signal to other major ocean carriers about the commission's willingness to pursue financial penalties for billing irregularities. Maersk is the world's second-largest container shipping line by capacity, and the case will be closely watched across the industry. For beneficial cargo owners, freight forwarders, and logistics providers, the action may offer some reassurance that regulatory oversight of carrier fee practices is being actively enforced. Industry groups representing shippers have long called for greater accountability around accessorial charges. The FMC has not publicly indicated whether similar investigations are ongoing against other carriers, but the agency has made transparent and reasonable billing a stated enforcement priority. Carriers operating in the U.S. trades would be well advised to review their detention and demurrage billing procedures to ensure compliance with both OSRA-22 requirements and FMC guidance. *Source: FreightWaves*