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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source location: Title 46, Chapter 403, § 40307; chapter-403-agreements.md

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**(a) In General.—** The antitrust laws do not apply to— (1) an agreement (including an assessment agreement) that has been filed and is effective under this chapter; (2) an agreement that is exempt under [section 40103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40103&num=0&edition=prelim) from any requirement of this part; (3) an agreement or activity within the scope of this part, whether permitted under or prohibited by this part, undertaken or entered into with a reasonable basis to conclude that it is— (A) pursuant to an agreement on file with the Federal Maritime Commission and in effect when the activity takes place; or (B) exempt under [section 40103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40103&num=0&edition=prelim) from any filing or publication requirement of this part; (4) an agreement or activity relating to transportation services within or between foreign countries, whether or not via the United States, unless the agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States; (5) an agreement or activity relating to the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade; (6) an agreement or activity to provide wharfage, dock, warehouse, or other terminal facilities outside the United States; or (7) an agreement, modification, or cancellation approved before June 18, 1984, by the Commission under section 15 of the Shipping Act, 1916, or permitted under section 14b of that Act, and any properly published tariff, rate, fare, or charge, or classification, rule, or regulation explanatory thereof implementing that agreement, modification, or cancellation. **(b) Exceptions.—** This part does not extend antitrust immunity to— (1) an agreement with or among air carriers, rail carriers, motor carriers, tug operators, or common carriers by water not subject to this part relating to transportation within the United States; (2) a discussion or agreement among common carriers subject to this part relating to the inland divisions (as opposed to the inland portions) of through rates within the United States; (3) an agreement among common carriers subject to this part to establish, operate, or maintain a marine terminal in the United States; or (4) a loyalty contract. **(c) Retroactive Effect of Determinations.—** A determination by an agency or court that results in the denial or removal of the immunity to the antitrust laws under subsection (a) does not remove or alter the antitrust immunity for the period before the determination. **(d) Relief Under Clayton Act.—** A person may not recover damages under section 4 of the Clayton Act ([15 U.S.C. 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim)), or obtain injunctive relief under section 16 of that Act ([15 U.S.C. 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section26&num=0&edition=prelim)), for conduct prohibited by this part.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 15 — Suits by persons injured

**(a) Amount of recovery; prejudgment interest** Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only— (1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith; (2) whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (3) whether such person or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. **(b) Amount of damages pa

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 40103 — Administrative exemptions

**(a) In General.—** The Federal Maritime Commission, on application or its own motion, may by order or regulation exempt for the future any class of agreements between persons subject to this part or any specified activity of those persons from any requirement of this part if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to an exemption and may, by order, revoke an exemption. **(b) Opportunity for Hearing.—** An order or regulation of exemption or revocation of an exemption may be issued only if the Commission has provided an opportunity for a hearing to interested persons and departments and agencies of the United States Government.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 26 — Injunctive relief for private parties; exception; costs

Any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections 13, 14, 18, and 19 of this title, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 15 — Suits by persons injured

Page 22 TITLE 15—COMMERCE AND TRADE § 13c § 13c. Exemption of non-profit institutions from price discrimination provisions Nothing in the Act approved June 19, 1936, known as the Robinson-Patman Antidiscrimina- tion Act, shall apply to purchases of their sup- plies for their own use by schools, colleges, uni- versities, public libraries, churches, hospitals, and charitable institutions not operated for profit. (May 26, 1938, ch. 283, 52 Stat. 446.) Editorial Notes REFERENCES IN TEXT The Act approved June 19, 1936, known as the Robin- son-Patman Antidiscrimination Act, referred to in text, is act June 19, 1936, ch. 592, 49 Stat. 1526, also known as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 13 of this title and Tables. § 14. Sale, etc., on agreement not to use goods of competitor It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory there- of or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or under- standing that the lessee or purchaser thereof shall not use or deal in the goods, wares, mer- chandise, machinery, supplies, or other com- modities of a competitor or competitors of the lessor or seller, where the effect of such leas

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 26 — Injunctive relief for private parties; excep-

Page 39 TITLE 15—COMMERCE AND TRADE § 26 to the Code, see Short Title note set out under section 13 of this title and Tables. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 22. District in which to sue corporation Any suit, action, or proceeding under the anti- trust laws against a corporation may be brought not only in the judicial district whereof it is an inhabitant, but also in any district wherein it may be found or transacts business; and all proc- ess in such cases may be served in the district of which it is an inhabitant, or wherever it may be found. (Oct. 15, 1914, ch. 323, § 12, 38 Stat. 736.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12 of this title. § 23. Suits by United States; subpoenas for wit- nesses In any suit, action, or proceeding brought by or on behalf of the United States subpoenas for witnesses who are required to attend a court of the United States in any judicial district in any case, civil or criminal, arising under the anti- trust laws may run into any other district: Pro- vided, That in civil cases no writ of subpoena shall issue for witnesses living out of the dis- trict in which the court is held at a greater dis- tance than one hundred miles from the place of holding the same without the permission of the trial court being first had upon proper applica- tion and cause shown. (Oct. 15, 1914, ch. 323, § 13, 38 Stat. 736.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 296 TITLE 46—SHIPPING § 40307 House of Congress or to a duly authorized com- mittee or subcommittee of Congress. (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1531.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40306 .......... 46 App.:1705(j). Pub. L. 98–237, § 6(j), Mar. 20, 1984, 98 Stat. 73. The words ‘‘judicial proceeding’’ are substituted for ‘‘judicial action or proceeding’’ to eliminate unneces- sary words. § 40307. Exemption from antitrust laws (a) IN GENERAL.—The antitrust laws do not apply to— (1) an agreement (including an assessment agreement) that has been filed and is effective under this chapter; (2) an agreement that is exempt under sec- tion 40103 of this title from any requirement of this part; (3) an agreement or activity within the scope of this part, whether permitted under or prohibited by this part, undertaken or entered into with a reasonable basis to conclude that it is— (A) pursuant to an agreement on file with the Federal Maritime Commission and in ef- fect when the activity takes place; or (B) exempt under section 40103 of this title from any filing or publication requirement of this part; (4) an agreement or activity relating to transportation services within or between for- eign countries, whether or not via the United States, unless the agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States; (5) an agreement or activity relating to the foreign inland segment of through transpor- tation that is part of transportation provided in a United States import or export trade; (6) an agreement or activity to provide wharfage, dock, warehouse, or other terminal facilities outside the United States;

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