46 U.S.C. § 40307 — Exemption from antitrust laws

(a) In General. Antitrust laws^* do not apply to: (1) an agreement^* (including an assessment agreement^*) that has been filed and is in effect under this chapter; (2) an agreement exempt under section 40103 from a filing requirement; (3) an agreement or activity within this part's scope — whether allowed or banned — if it was entered into with a reasonable belief that it was (A) covered by an agreement on file and in effect with the Commission, or (B) exempt under section 40103; (4) an agreement or activity about transportation entirely within or between foreign countries (whether or not it passes through the U.S.), unless it directly, substantially, and foreseeably affects U.S. commerce; (5) an agreement or activity about the foreign inland leg of a shipment^* that's part of U.S. import or export transportation; (6) an agreement or activity to provide wharfage, dock, warehouse, or other terminal facilities outside the United States; or (7) an agreement, change, or cancellation the Commission approved before June 18, 1984 under the old Shipping Act of 1916, plus any properly published tariff or rule implementing it.

(b) Exceptions. This part does not extend antitrust immunity to (1) an agreement with air, rail, motor, tug, or non-covered water carriers about transportation inside the U.S.; (2) a discussion or agreement among covered carriers about how inland portions of a through rate^* are divided (not the inland routes themselves); (3) an agreement among covered carriers to build, run, or maintain a U.S. marine terminal; or (4) a loyalty contract^*.

(c) Retroactive Effect of Determinations. If a court or agency^* later removes or denies antitrust immunity, that decision does not undo the immunity that applied before the decision.

(d) Relief Under Clayton Act. No one can recover damages under Clayton Act section 4, or get an injunction under Clayton Act section 16, for conduct this part prohibits.