Page:United States Statutes at Large Volume 92 Part 2.djvu/446

 92 STAT. 1726

49 USC 1376 °*'*®-

PUBLIC LAW 95-504—OCT. 24, 1978 (2) By striking out "Rate III - A " and inserting in lieu thereof "Rates III and III - A ". (3) By striking out "order E-23850 (44 CAB 637 et seq.)" and inserting in lieu thereof "orders E-21311 and E-23850 (41 CAB 138 et seq. and 44 CAB 637 et seq.)". (b) Section 12(b) of Public Law 95-163, Ninety-fifth Congress, approved November 9, 1977, is amended by striking out "the year 1966" and inserting in lieu thereof "the year 1964, 1965, or 1966". MERGERS AND CONTROL

SEC. 26. (a) Section 408 of the Federal Aviation Act of 1958 (49 U.S.C. 1378) is amended as follows: (1) Subsection (a) of such section 408 (49 U.S.C. 1378(a)) is amended to read as follows: ,

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" ACT S PROHIBITED

"SEC. 408. (a) Except as provided in subsection (b) of this section, it shall be unlawful— " (1) for two or more air carriers, or for any air carrier and any other common carrier or any person substantially engaged in the business of aeronautics, to consolidate or merge their properties, or a substantial portion thereof, into one person for the ownership, management, or operation of the properties previously in separate ownerships; "(2) for any air carrier, any person controlling an air carrier, any other common carrier, or any person substantially engaged in the business of aeronautics, to purchase, lease, or contract to operate all or a substantial portion of the properties of any air carrier; "(3) for any air carrier or person controlling an air carrier to purchase, lease, or contract to operate all or a substantial portion of the properties of any person substantially engaged in the business of aeronautics otherwise than as an air carrier; "(4) for any foreign air carrier or person controlling a foreign air carrier to acquire control in any manner whatsoever of any citizen of the United States substantially engaged in the business of aeronautics; " (5) for any air carrier or person controlling an air carrier, any other common carrier, or any person substantially engaged in the business of aeronautics to acquire control of any air carrier in any manner whatsoever; "(6) for any air carrier or person controlling a certificated air carrier to acquire control, in any manner whatsoever, of any person substantially engaged in the business of aeronautics other than as an air carrier; or " (7) for any person to continue to maintain any relationship established in violation of any of the foregoing paragraphs of t i l l s SUll^SGCtlOIl •

(2) Subsection (b) of such section 408 (49 U.S.C. 1378(b)) is amended to read as follows: uPOWER OF BOARD

"(b)(1) In any case in which one or more of the parties to a consolidation, merger, purchase, lease, operating contract, or acquisition of control, specified in subsection (a) of this section is an air carrier

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