§1706. Exemption from antitrust laws

(a) In general

The antitrust laws do not apply to-

(1) any agreement that has been filed under section 1704 of this Appendix and is effective under section 1704(d) ¹ or section 1705 of this Appendix or is exempt under section 1715 of this Appendix from any requirement of this chapter;

(2) any activity or agreement within the scope of this chapter, whether permitted under or prohibited by this chapter, undertaken or entered into with a reasonable basis to conclude that (A) it is pursuant to an agreement on file with the Commission and in effect when the activity took place, or (B) it is exempt under section 1715 of this Appendix from any filing or publication requirement of this chapter;

(3) any agreement or activity that relates to transportation services within or between foreign countries, whether or not via the United States, unless that agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States;

(4) any agreement or activity concerning the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade;

(5) any agreement or activity to provide or furnish wharfage, dock, warehouse, or other terminal facilities outside the United States; or

(6) subject to section 1719(e)(2) of this Appendix, any agreement, modification, or cancellation approved by the Commission before the effective date of this chapter under section 15 ¹ of the Shipping Act, 1916, or permitted under section 14b ¹ thereof, and any properly published tariff, rate, fare, or charge, classification, rule, or regulation explanatory thereof implementing that argeement,² modification, or cancellation.

(b) Exceptions

This chapter does not extend antitrust immunity-

(1) to any agreement with or among air carriers, rail carriers, motor carriers, or common carriers by water not subject to this chapter with respect to transportation within the United States;

(2) to any discussion or agreement among common carriers that are subject to this chapter regarding the inland divisions (as opposed to the inland portions) of through rates within the United States;

(3) to any agreement among common carriers subject to this chapter to establish, operate, or maintain a marine terminal in the United States; or

(4) to any loyalty contract.

(c) Limitations

(1) Any determination by an agency or court that results in the denial or removal of the immunity to the antitrust laws set forth in subsection (a) of this section shall not remove or alter the antitrust immunity for the period before the determination.

(2) No person may 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 chapter.

( Pub. L. 98–237, §7, Mar. 20, 1984, 98 Stat. 73 ; Pub. L. 105–258, title I, §105, Oct. 14, 1998, 112 Stat. 1905 .)

References in Text

Section 1704(d) of this Appendix, referred to in subsec. (a)(1), was redesignated section 1704(e) of this Appendix by Pub. L. 105–258, title I, §104(a)(2), Oct. 14, 1998, 112 Stat. 1904 .

For the effective date of this chapter, referred to in subsec. (a)(6), as 90 days after Mar. 20, 1984, see section 21 of Pub. L. 98–237, formerly set out as an Effective Date note under section 1701 of this Appendix.

Section 15 of the Shipping Act, 1916, referred to in subsec. (a)(6), which was classified to section 814 of this Appendix, was repealed by Pub. L. 104–88, title III, §335(b)(3), Dec. 29, 1996, 109 Stat. 954 .

Section 14b of the Shipping Act, 1916, referred to in subsec. (a)(6), which was classified to section 813a of former Title 46, Shipping, was repealed by Pub. L. 98–237, §20(a), Mar. 20, 1984, 98 Stat. 88 .

Amendments

1998-Subsec. (a)(2). Pub. L. 105–258, §105(1), inserted "or publication" after "filing".

Subsec. (b)(4). Pub. L. 105–258, §105(2)–(4), added par. (4).

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–258 effective May 1, 1999, see section 2 of Pub. L. 105–258, set out as a note under section 1701 of this Appendix.

Section Referred to in Other Sections

This section is referred to in section 1704 of this Appendix.

¹ See References in Text note below.

² So in original. Probably should be "agreement,".