49 U.S.C. § 41508 — Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 133 words · no verdicts yet
If the Secretary of Transportation decides a joint price split between carriers is unreasonable or unfairly discriminates against one of them, the Secretary must set a fair division. That change can apply retroactively, back to when the complaint was filed or the investigation began. The Secretary can act alone or on a complaint, but only after notice and a hearing.
(a) Fixing unfair splits. If the Secretary of Transportation decides that how carriers split a joint price for foreign air transportation is unreasonable, or unreasonably discriminates against one of them, the Secretary must set a reasonable division among those carriers. The Secretary may make the new division apply retroactively — back to the date the complaint was filed, the date an investigation was ordered, or a later date the Secretary finds reasonable.
(b) How the Secretary can act. The Secretary may act under this section on the Secretary's own initiative or on a complaint, but only after notice and a chance for a hearing.
When the Secretary of Transportation decides that a division between air carriers, foreign air carriers, or both, of a joint price for foreign air transportation is or will be unreasonable or unreasonably discriminatory against any of those carriers, the Secretary shall prescribe a reasonable division of the joint price among those carriers. The Secretary may order the adjustment in the division of the joint price to be made retroactively to the date the complaint was filed, the date the order for an investigation was made, or a later date the Secretary decides is reasonable.
The Secretary may act under this section on the Secretary’s own initiative or on a complaint filed with the Secretary and only after notice and an opportunity for a hearing.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1135.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1135
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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