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Title 46 — ShippingRelease 119-73not60

§58106 Concerted Discriminatory Activities

Title 46 › Subtitle Subtitle V— Merchant Marine › Part G— Restrictions and Penalties › Chapter 581— RESTRICTIONS AND PENALTIES › § 58106

Last updated Apr 5, 2026|Official source

Summary

Contractors getting an operating-differential subsidy and charterers under chapter 575 must not make agreements or act together with other water carriers in a way that unfairly hurts U.S. common carriers that use only U.S.-documented vessels on an established U.S. trade route. If they violate this, they cannot receive any U.S. government payments or subsidies. A person harmed by this conduct may sue in federal court where the defendant lives or has an agent. If the person wins, they get three times their damages plus costs, including reasonable attorney fees.

Full Legal Text

Title 46, §58106

Shipping — Source: USLM XML via OLRC

(a)A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not continue as a party to or conform to an agreement with another carrier by water, or engage in a practice in concert with another carrier by water, that is unjustly discriminatory or unfair to any other citizen of the United States operating a common carrier by water employing only vessels documented under the laws of the United States on an established trade route from and to a United States port.
(b)No payment or subsidy of any kind may be paid, directly or indirectly, out of funds of the United States Government to a contractor or charterer that has violated subsection (a).
(c)A person whose business or property is injured by a violation of subsection (a) may bring a civil action in the district court of the United States for the district in which the defendant resides, is found, or has an agent. If the person prevails, the person shall be awarded—
(1)3 times the damages; and
(2)costs, including reasonable attorney fees.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5810646 App.:1227.June 29, 1936, ch. 858, title VIII, § 810, 49 Stat. 2015. In subsection (b), the words “United States Government” are substituted for “United States or any agency of the United States” for consistency and to eliminate unnecessary words. In subsection (c), the words “bring a civil action” are substituted for “sue” for consistency in the revised title. The words “without respect to the amount in controversy” are omitted because section 1331 of title 28 no longer contains a requirement of any particular amount in controversy for jurisdiction of civil actions arising under the laws of the United States. The words “If the person prevails” are added for clarity.

Reference

Citations & Metadata

Citation

46 U.S.C. § 58106

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60