Philadelphia port authority says it’s cooperating with federal regulator’s probe into waterfront competition

The state agency that owns Philadelphia’s seaport facilities says it’s assisting a federal regulator’s investigation into allegations that one of the port’s terminal operators is abusing its market power.

Investigators with the Federal Maritime Commission have been looking into concerns raised by Philadelphia trucking firm Tri State Intermodal that Gloucester City-based Holt Logistics Corp. has used its status as a marine terminal operator to give preferential treatment to shippers that use Holt’s trucking brokerage service, The Inquirer reported in February.

Holt denies engaging in anticompetitive conduct.

Now, the Philadelphia Regional Port Authority (PhilaPort), a state agency that leases terminals and warehouses to private operators, says it’s cooperating with the probe. The agenda for PhilaPort’s board meeting on Wednesday listed “FMC Inquiry” as an item of discussion during executive session.

That portion of the meeting was held behind closed doors, as is typical for legal matters, and board chairMichael Pearson, an appointee of Gov. Josh Shapiro, declined to discuss the issue when approached after the meeting.

Ryan Mulvey, a PhilaPort spokesperson, later told The Inquirer: “We are cooperating. The FMC had reached out to us. We responded to them that obviously we are cooperating with their investigation.” He declined to elaborate.

A source familiar with the matter said an investigator and lawyers with the FMC made a visit to Philadelphia last month to interview truckers as part of the probe.

In a statement, Holt said it has “cooperated fully” with the FMC’s requests for information.

“We have nothing to hide, we follow the law, and we will continue to respond as fully and transparently as possible to the FMC or any other regulatory agency,” said a statement provided this week by Holt spokesperson Kevin Feeley. PhilaPort’s cooperation, the statement said, is “perfectly appropriate.”

The Port of Philadelphia is a major economic engine for the region, supporting 12,000 jobs, according to PhilaPort.

» READ MORE: Philly’s seaport unveils a 15-year plan for future growth: More dredging, increased container capacity, cruises

Holt affiliate Greenwich Terminals LLC operates the Packer Avenue Marine Terminal in South Philadelphia, the port’s main container shipping facility. The Delaware River port has been growing in recent years, as state and private investment have allowed it to accommodate bigger ships and handle more cargo.

Another Holt company, Holt Cargo Systems, offers brokerage services connecting shippers to truckers who transport cargo from the terminal to warehouses and other destinations. Trucking firm Tri State alleges that Holt has violated the federal Shipping Act by using its market power as terminal operator — a gatekeeper to commerce — to give preferential treatment to its brokerage.

Holt has denied the allegation and said its efficient operation has made Philadelphia a more attractive destination for cargo in the competitive East Coast market.

“We all know how hard it is to get cargo in and out of the port, how hard it is to attract cargo from other ports such as New York and New Jersey, which wants to eat our lunch,” Thomas Holt Jr., an executive at the family owned company, said during Wednesday’s board meeting.

He noted that the World Bank recently ranked Philadelphia as the No. 1 container port in North America in operational efficiency, based on a study of vessel time spent in a port.

During the board meeting, Tri State executive John Henkel said the company’s revenue has dropped 25% since 2022 — which he attributed in part to business lost to Holt’s brokerage. John P. DiDomenicis III, whose family owns Tri State, said during the meeting that he last spoke with Federal Maritime Commission staff in October.

The regulator investigates and enforces potential violations of the Shipping Act and commission regulations. John DeCrosta, an FMC spokesperson, said the agency doesn’t comment on investigations.