46-U.S.C.-41105

§41105 – Concerted Action

Pathway

Title 46 > Subtitle IV > Part A > Chapter 411 > Section 41105

Details

• Reference: Section 41105
• Legend: §41105 – Concerted Action
• USCode Year: 2013

Provision Content

A conference or group of two or more common carriers may not—

(1) boycott or take any other concerted action resulting in an unreasonable refusal to deal;

(2) engage in conduct that unreasonably restricts the use of intermodal services or technological innovations;

(3) engage in any predatory practice designed to eliminate the participation, or deny the entry, in a particular trade of a common carrier not a member of the conference, a group of common carriers, an ocean tramp, or a bulk carrier;

(4) negotiate with a non-ocean carrier or group of non-ocean carriers (such as truck, rail, or air operators) on any matter relating to rates or services provided to ocean common carriers within the United States by those non-ocean carriers, unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or association of ocean common carriers;

(5) deny in the export foreign commerce of the United States compensation to an ocean freight forwarder or limit that compensation to less than a reasonable amount;

(6) allocate shippers among specific carriers that are parties to the agreement or prohibit a carrier that is a party to the agreement from soliciting cargo from a particular shipper, except as—

(A) authorized by section 40303(d) of this title;

(B) required by the law of the United States or the importing or exporting country; or

(C) agreed to by a shipper in a service contract;

(7) for service pursuant to a service contract, engage in any unjustly discriminatory practice in the matter of rates or charges with respect to any locality, port, or person due to the persons status as a shippers’ association or ocean transportation intermediary; or

(8) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any locality, port, or person due to the persons status as a shippers’ association or ocean transportation intermediary.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1542.)

In paragraph (5), the words ocean freight forwarder are substituted for ocean transportation intermediary, as defined by section 1702(17)(A) of this Appendix because the definition of ocean transportation intermediary in section 1702(17)(A) contains a definition of ocean freight forwarder which is restated as a separate definition.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-41105 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-41105, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-40701 in the Legal Encyclopedia: Regulation of Ocean Shipping

In this entry about 46-U.S.C.-40701, find legal reference material, bibliographies and premiere content related to regulation of ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation of ocean shipping-specific issues, written by authorities in the field.

46-U.S.C.-40703 in the Legal Encyclopedia: Regulation

In this entry about 46-U.S.C.-40703, find legal reference material, bibliographies and premiere content related to regulation in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation-specific issues, written by authorities in the field.

46-U.S.C.-11507 in the Legal Encyclopedia: Penalties

In this entry about 46-U.S.C.-11507, find legal reference material, bibliographies and premiere content related to penalties in the American Encyclopedia of Law, presenting a comprehensive view of the United States penalties-specific issues, written by authorities in the field.

Subtitle IV – Regulation of Ocean Shipping in the Legal Encyclopedia: Ocean Shipping

In this entry about Subtitle IV – Regulation of Ocean Shipping, find legal reference material, bibliographies and premiere content related to ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States ocean shipping-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 46 (Shipping) guided by subject interests.