Page:United States Statutes at Large Volume 120.djvu/1562

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1531

for the District of Columbia in a civil action brought by the Commission under section 41307(c) of this title. ‘‘(f) FIXED TERMS.—The Commission may not limit the effectiveness of an agreement to a fixed term. ‘‘§ 40305. Assessment agreements ‘‘(a) FILING REQUIREMENT.—An assessment agreement shall be filed with the Federal Maritime Commission and is effective on filing. ‘‘(b) COMPLAINTS.—If a complaint is filed with the Commission within 2 years after the date of an assessment agreement, the Commission shall disapprove, cancel, or modify the agreement, or an assessment or charge pursuant to the agreement, that the Commission finds, after notice and opportunity for a hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in the proceeding within one year after the date the complaint is filed. ‘‘(c) ADJUSTMENTS OF ASSESSMENTS AND CHARGES.—To the extent that the Commission finds under subsection (b) that an assessment or charge is unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall adjust the assessment or charge for the period between the filing of the complaint and the final decision by awarding prospective credits or debits to future assessments and charges. However, if the complainant has ceased activities subject to the assessment or charge, the Commission may award reparations.

Effective date.

Notification. Hearing.

Deadline.

‘‘§ 40306. Nondisclosure of information ‘‘Information and documents (other than an agreement) filed with the Federal Maritime Commission under this chapter are exempt from disclosure under section 552 of title 5 and may not be made public except as may be relevant to an administrative or judicial proceeding. This section does not prevent disclosure to either House of Congress or to a duly authorized committee or subcommittee of Congress. ‘‘§ 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 section 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 effect 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 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;

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