§40307 — Title 46 Shipping | U.S. Code

Summary

Gives antitrust protection to certain shipping agreements and activities. It covers agreements filed and in effect with the Federal Maritime Commission, agreements exempt under section 40103, and actions taken under a filed or exempt agreement. It also covers agreements about transportation that happens only outside the United States (unless they have a direct, big, and foreseeable effect on U.S. trade), foreign inland segments of through transportation for U.S. import/export, providing terminal facilities outside the U.S., and certain agreements approved before June 18, 1984. It does not give immunity for agreements with noncovered carriers about U.S. transport, talks about inland divisions of through rates in the U.S., building or running marine terminals in the U.S., or loyalty contracts. If a court or agency later removes the immunity, that change does not apply to past conduct. People may not get damages under section 4 of the Clayton Act (15 U.S.C. 15) or injunctive relief under section 16 of that Act (15 U.S.C. 26) for conduct this part forbids.

Title 46, §40307

Shipping — Source: USLM XML via OLRC

(a)The antitrust laws do not apply to—

(1)an agreement (including an assessment agreement) that has been filed and is effective under this chapter;

(2)an agreement that is exempt under section 40103 of this title from any requirement of this part;

(3)an agreement or activity within the scope of this part, whether permitted under or prohibited by this part, undertaken or entered into with a reasonable basis to conclude that it is—

(A)pursuant to an agreement on file with the Federal Maritime Commission and in effect when the activity takes place; or

(B)exempt under section 40103 of this title from any filing or publication requirement of this part;

(4)an agreement or activity relating to transportation services within or between foreign countries, whether or not via the United States, unless the agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States;

(5)an agreement or activity relating to the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade;

(6)an agreement or activity to provide wharfage, dock, warehouse, or other terminal facilities outside the United States; or

(7)an agreement, modification, or cancellation approved before June 18, 1984, by the Commission under section 15 of the Shipping Act, 1916, or permitted under section 14b of that Act, and any properly published tariff, rate, fare, or charge, or classification, rule, or regulation explanatory thereof implementing that agreement, modification, or cancellation.

(b)This part does not extend antitrust immunity to—

(1)an agreement with or among air carriers, rail carriers, motor carriers, tug operators, or common carriers by water not subject to this part relating to transportation within the United States;

(2)a discussion or agreement among common carriers subject to this part relating to the inland divisions (as opposed to the inland portions) of through rates within the United States;

(3)an agreement among common carriers subject to this part to establish, operate, or maintain a marine terminal in the United States; or

(4)a loyalty contract.

(c)A determination by an agency or court that results in the denial or removal of the immunity to the antitrust laws under subsection (a) does not remove or alter the antitrust immunity for the period before the determination.

(d)A person may not recover damages under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive relief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by this part.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4030746 App.:1706.Pub. L. 98–237, § 7, Mar. 20, 1984, 98 Stat. 73; Pub. L. 105–258, title I, § 105, Oct. 14, 1998, 112 Stat. 1905. Subsection (a)(1) is substituted for “any agreement that has been filed under section 1704 of this Appendix and is effective under section 1704(d) [redesignated as (e)] or section 1705 of this Appendix” for clarity and to eliminate unnecessary words. Subsection (a)(2) is substituted for “any agreement that . . . is exempt under section 1715 of this Appendix from any requirement of this chapter” in 46 App. U.S.C. 1706(a)(1) for clarity. In subsection (a)(7), the words “subject to section 1719(e)(2) of this Appendix” are omitted as obsolete.

Editorial Notes

References in Text

section 15 of the Shipping Act, 1916, referred to in subsec. (a)(7), which was classified to section 814 of the former Appendix to this title, was repealed by Pub. L. 104–88, title III, § 335(b)(3), Dec. 29, 1996, 109 Stat. 954. section 14b of the Shipping Act, 1916, referred to in subsec. (a)(7), which was classified to section 813a of former Title 46, Shipping, was repealed by Pub. L. 98–237, § 20(a), Mar. 20, 1984, 98 Stat. 88.

Amendments

2018—Subsec. (b)(1). Pub. L. 115–282 inserted “tug operators,” after “motor carriers,”.

§40307 Exemption from antitrust laws