In the case of Volkswagenwerk Aktiengesellschaft v. Federal Maritime Commission et al., 1967, the Supreme Court ruled on whether or not Volkswagenwerk (VW), a German car manufacturer, was in violation of U.S shipping laws. The Federal Maritime Commission had previously found VW guilty for accepting rebates from transportation companies for importing cars into America and thus violating the Shipping Act of 1916 which prohibits such practices. VW appealed this decision arguing that they were exempt as a foreign entity and because their contracts with shippers were made outside U.S jurisdiction. However, the Supreme Court upheld the earlier ruling stating that while VW is indeed a foreign company, it conducts significant business within American borders making it subject to U.S law regardless where its contracts are signed. Furthermore, allowing such exemptions would undermine American anti-trust laws designed to prevent unfair competition by favoring certain businesses over others through special deals like rebates.

In the dissenting opinion for Volkswagenwerk Aktiengesellschaft v. Federal Maritime Commission, Justice Fortas argued that the majority's decision to uphold the Federal Maritime Commission's authority over "through" transportation rates was an incorrect interpretation of the Shipping Act. He contended that Congress did not intend for this act to regulate land-based portions of international shipping routes and believed it only applied to waterborne commerce. Furthermore, he expressed concern about potential conflicts between different regulatory agencies if they were all allowed jurisdiction over various aspects of a single shipment’s journey. Finally, he disagreed with how broadly the court defined “other person subject to this chapter” in Section 22 of The Shipping Act as including foreign inland carriers like Volkswagenwerk AG who had no direct contractual relationship with ocean carriers or shippers.