Maersk Agrees to $1.9 Million Settlement as U.S. Regulator Tightens Oversight on Container Charges

Danish container shipping giant Maersk has agreed to pay a $1.9 million civil penalty to resolve allegations brought by the U.S. Federal Maritime Commission concerning detention charge billing practices. The FMC alleged that the carrier billed detention fees to third parties that were not contractually bound by the relevant bills of lading, service agreements, or tariff provisions. Regulators argued that such actions were inconsistent with requirements under the U.S. Shipping Act. As part of the settlement, Maersk will revise its tariff rules in the United States and modify how the term “merchant” is defined within its bills of lading. Going forward, the definition will be restricted to parties directly connected to the cargo transaction, including shippers, consignees, and entities holding a beneficial interest in the cargo under federal regulations. Beyond the financial penalty, the company has also agreed to provide refunds and waive certain charges imposed on affected third parties. Importantly, the settlement does not constitute an admission of wrongdoing by Maersk. Instead, it represents a negotiated resolution that allows both sides to close the matter while implementing changes to billing procedures. The case is the latest example of the FMC’s more assertive enforcement approach following the introduction of the Ocean Shipping Reform Act (OSRA) in 2022. Since the legislation came into force, regulators have focused heavily on detention and demurrage practices, aiming to ensure charges serve operational purposes rather than becoming revenue-generating mechanisms. Recent FMC actions suggest the agency is willing to pursue significant penalties where it identifies non-compliant practices. Earlier this year, MSC faced a civil penalty exceeding $22 million related to detention billing and refrigerated container tariff issues. In another notable case, a U.S. appeals court supported the FMC’s position against Evergreen Marine, reinforcing the principle that detention fees should contribute to cargo movement and supply chain efficiency. For carriers, terminals, freight forwarders, and cargo interests, the message is becoming increasingly clear: documentation, contractual definitions, and billing accountability are now under closer regulatory examination than ever before.