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49 U.S.C. § 41308 — Exemption from the antitrust laws

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

49 U.S.C. § 41308 — Exemption from the antitrust laws

**(a) Definition.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim)). **(b) Exemption Authorized.—** 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. **(c) Exemption Required.—** In an order under [section 41309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41309&num=0&edition=prelim) 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.

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Source location: Title 49, Chapter 413, § 41308; chapter-413-foreign-air-transportation.md

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

15 U.S.C. § 12 — Definitions; short title

**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. **(b)** This Act may be cited as the “Clayton Act”.

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

49 U.S.C. § 41309 — Cooperative agreements and requests

**(a) Filing.—** An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier. **(b) Approval.—** The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove— (1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that— (A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and (B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or (2) an agreement that— (A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and (B) governs the compensation the carrier may receive for the transportation. **(c) Notice and Opportunity To Respond or for Hearing.—** (1) When an agreement, request, modification, or cancellation is

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

15 U.S.C. § 12 — Definitions; short title

Page 19 TITLE 15—COMMERCE AND TRADE § 12 (Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.) § 8. Trusts in restraint of import trade illegal; penalty Every combination, conspiracy, trust, agree- ment, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or cor- porations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in vio- lation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months. (Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12, 1913, ch. 40, 37 Stat. 667.) Editorial Notes AMENDMENTS 1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin- cipal’’. Statutory Notes and Related Subsidiaries SHORT TITLE Section 77, formerly § 78, of act Aug. 27, 1894, as added by Pub. L. 94–435, title III,

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

49 U.S.C. § 41308 — Exemption from the antitrust laws

Page 1134 TITLE 49—TRANSPORTATION § 41308 SEC. 7. Individuals within the Executive Office of the President shall follow a policy of: (a) refusing to dis- cuss matters relating to the disposition of a case sub- ject to the review of the President under Section 801 with any interested private party, or an attorney or agent for any such party, prior to the decision by the President or his designee; and (b) referring any written communication from an interested private party, or an attorney or agent for any such party, to the appro- priate department or agency outside of the Executive Office of the President. Exceptions to this policy may be made only when the head of an appropriate depart- ment or agency outside of the Executive Office of the President personally finds, on a nondelegable basis, that direct written or oral communication between a private party and a person within the Executive Office of the President is needed for reasons of defense or for- eign policy. SEC. 8. Departments and agencies outside of the Exec- utive Office of the President that regularly make rec- ommendations in connection with the presidential re- view pursuant to Section 801 shall, consistent with ap- plicable law, including the provisions of Chapter 5 of Title 5 of the United States Code: (a) establish public dockets for all written commu- nications (other than those requiring confidential treatment for defense or foreign policy reasons) be- tween their officers and employees and private parties in connection with the preparation of such rec- ommendations; and (b) prescribe such other procedures governing oral and written communications as they deem appropriate. SEC. 9. This Order is intended solely for the internal guidance of the departments and agencies in order to

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