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Title 49 — TransportationRelease 119-73not60

§41308 Exemption From the Antitrust Laws

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart ii— economic regulation › Chapter 413— FOREIGN AIR TRANSPORTATION › § 41308

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Transportation can excuse a person from antitrust laws when the public interest requires it. "Antitrust laws" means the same as in the first section of the Clayton Act (15 U.S.C. 12). This excuse can be added to an order under section 41309 or 42111 and only covers what is needed for the specific deal the order approves and any transactions the order necessarily involves. For orders under section 41309 that approve an agreement, request, change, or cancellation, the Secretary must grant the exemption if the findings required by section 41309(b)(1) are met.

Full Legal Text

Title 49, §41308

Transportation — Source: USLM XML via OLRC

(a)In this section, “antitrust laws” has the same meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).
(b)When the Secretary of Transportation decides it is required by the public interest, the Secretary, as part of an order under section 41309 or 42111 of this title, may exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
(c)In an order under section 41309 of this title approving an agreement, request, modification, or cancellation, the Secretary, on the basis of the findings required under section 41309(b)(1), shall exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4130849 App.:1384.Aug. 23, 1958, Pub. L. 85–726, § 414, 72 Stat. 770; restated Oct. 24, 1978, Pub. L. 95–504, § 30(a), 92 Stat. 1731; Feb. 15, 1980, Pub. L. 96–192, § 27, 94 Stat. 47. 49 App.:1551(a)(6) (related to 49 App.:1384).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(6) (related to § 414); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), 98 Stat. 1704. 49 App.:1551(b)(1)(C) (related to 49 App.:1384).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(C) (related to § 414); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, § 4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, § 3(a), 98 Stat. 1703. Subsection (a) is substituted for “the ‘anti-trust laws’ set forth in subsection (a) of section 12 of title 15” for consistency in the revised title and with other titles of the United States Code. In subsection (b), reference to 49 App.:1378 and 1379 is omitted as obsolete.

Reference

Citations & Metadata

Citation

49 U.S.C. § 41308

Title 49 — Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60