Page:United States Statutes at Large Volume 120.djvu/1563

 120 STAT. 1532

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(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, 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), or obtain injunctive relief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by this part. ‘‘CHAPTER 405—TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS ‘‘Sec. ‘‘40501. ‘‘40502. ‘‘40503.

Public information.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

General rate and tariff requirements. Service contracts. Refunds and waivers.

‘‘§ 40501. General rate and tariff requirements ‘‘(a) AUTOMATED TARIFF SYSTEM.— ‘‘(1) IN GENERAL.—Each common carrier and conference shall keep open to public inspection in an automated tariff system, tariffs showing all its rates, charges, classifications, rules, and practices between all points or ports on its own route and on any through transportation route that has been established. However, a common carrier is not required to state separately or otherwise reveal in tariffs the inland divisions of a through rate. ‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply with respect to bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste. ‘‘(b) CONTENTS OF TARIFFS.—A tariff under subsection (a) shall—

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