49 U.S.C. § 41308 — Exemption from the antitrust laws
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 170 words · no verdicts yet
This section defines "antitrust laws" using the Clayton Act's meaning. When the public interest requires it, the Secretary of Transportation may exempt a person from antitrust laws as part of certain orders. For orders approving certain agreements, the Secretary must grant this exemption if specific findings are made.
(a) Definition. In this section, "antitrust laws" has the same meaning as in the first section of the Clayton Act (15 U.S.C. 12).
(b) When the Secretary may exempt someone. If the Secretary of Transportation decides the public interest requires it, the Secretary — as part of an order under section 41309 or 42111 — may exempt an affected person from the antitrust laws. This exemption applies only as far as needed to let the person carry out the transaction the order approved, or any transaction the order necessarily includes.
(c) When the Secretary must exempt someone. In an order under section 41309 approving an agreement, request, modification, or cancellation, the Secretary — based on the findings required under section 41309(b)(1) — must exempt an affected person from the antitrust laws. Again, this applies only as far as needed for the approved transaction or any transaction it necessarily includes.
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).
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.
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1128.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1128
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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