46 U.S.C. § 58106 — Concerted discriminatory activities
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 192 words · no verdicts yet
Subsidized contractors and charterers cannot join agreements that unfairly discriminate against a U.S.-flag common carrier. No government subsidy can go to anyone who violates this rule. Anyone hurt by a violation can sue for triple damages plus attorney fees.
(a) Prohibition. A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not stay a party to, or go along with, an agreement with another water carrier — or act in concert with another water carrier — in a way that unjustly discriminates against, or is unfair to, any other U.S. citizen who operates a common carrier by water using only U.S.-documented vessels on an established trade route to and from a U.S. port.
(b) Government Payment Prohibited. No government payment or subsidy of any kind may go, directly or indirectly, to a contractor or charterer who has violated subsection (a).
(c) Civil Action. Anyone whose business or property is hurt by a violation of subsection (a) may sue in the federal district court where the defendant lives, is found, or has an agent. If that person wins, the court must award: (1) three times the damages; and (2) costs, including reasonable attorney fees.
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.
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).
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—
3 times the damages; and
costs, including reasonable attorney fees.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1672
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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