AmericasContainersRegulatory

$316m case filed against MSC in the US

In the largest suit filed in the history of the Federal Maritime Commission (FMC), Mediterranean Shipping Co (MSC), the world’s largest container line, is potentially on the hook for $316m.

DK Butterfly 1, the bankruptcy estate of Bed Bath & Beyond, has filed an extraordinary case with the Washington DC-based regulator against MSC, seeking $158m in damages and a further $158m for alleged “willful retaliatory conduct”.

The 36-page document filed details what the defunct US home furnishing company described as exploitative and coercive behaviour.

Describing MSC’s service contract performance during 2021 as “abysmal”, the complaint details how the now bankrupt company was forced to enter the spot market to get its goods shipped. The complaint also alleges that MSC coerced the retailer into paying premiums, as well as hitting the shipper with unfair detention and demurrage charges.

DK Butterfly 1 has filed complaints earlier against Orient Overseas Container Line and Yang Ming as well, albeit seeking far less in damages.

Sam Chambers

Starting out with the Informa Group in 2000 in Hong Kong, Sam Chambers became editor of Maritime Asia magazine as well as East Asia Editor for the world’s oldest newspaper, Lloyd’s List. In 2005 he pursued a freelance career and wrote for a variety of titles including taking on the role of Asia Editor at Seatrade magazine and China correspondent for Supply Chain Asia. His work has also appeared in The Economist, The New York Times, The Sunday Times and The International Herald Tribune.

Comments

  1. How do I find a lawfirm to go after a shipping company/ freight forwarding company. My goods took more then 90 days should not of been more then 30. Lost my season and most of my business. I am in a seasonal business.

Back to top button