§271G-25  Agreement between carriers. 
(a)  For purposes of this section the term "antitrust laws" means any
law of the State previously enacted pertaining to unlawful restraints of trade
and monopolies.



(b)  Any carrier party to an agreement between
or among two or more carriers relating to rates, fares, classifications,
divisions, allowances, or charges (including charges between carriers and
compensation paid or received for the use of facilities and equipment), or
rules and regulations pertaining thereto, or procedures for the joint
consideration, initiation, or establishment thereof, may, under such rules and
regulations as the public utilities commission may prescribe, apply to the
commission for approval of the agreement, and the commission shall by order
approve any agreement, if approval thereof is not prohibited by subsection (c),
if it finds that, by reason of furtherance of the transportation policy
declared in this chapter, the relief provided in subsection (e) should apply
with respect to the making and carrying out of the agreement; otherwise, the
application shall be denied.



(c)  The commission shall not approve under
this section any agreement between or among carriers of different classes
unless it finds that the agreement is of the character described in subsection
(b) of this section and is limited to matters relating to transportation under
joint rates or over through routes; and for purposes of this subsection
carriers by aircraft are carriers of one class; carriers by motor vehicles are
carriers of one class; carriers by water are carriers of one class.



(d)  The commission is authorized upon
complaint or upon its own initiative without complaint, to investigate and
determine whether any agreement previously approved by it under this section,
or terms and conditions upon which the approval was granted is not or are not
in conformity with the standard set forth in subsection (b), or whether any
such terms and conditions are not necessary for purposes of conformity with the
standard, and, after the investigation, the commission shall by order terminate
or modify its approval of the agreement if it finds the action necessary to
insure conformity with the standard, and shall modify the terms and conditions
upon which the approval was granted to the extent it finds necessary to insure
conformity with the standard or to the extent to which it finds the terms and
conditions not necessary to insure each conformity.  The effective date of any
order terminating or modifying approval, or modifying terms and conditions,
shall be postponed for such period as the commission determines to be
reasonably necessary to avoid undue hardship.



(e)  Parties to any agreement approved by the
commission under this section and other persons are, if the approval of such
agreement is not prohibited by subsection (c), relieved from the operation of
the antitrust laws with respect to the making of such agreement, and with
respect to the carrying out of the agreement in conformity with the terms and
conditions prescribed by the commission. [L 1974, c 94, pt of §1; am L 1980, c
232, §10]



 



Cross References



 



  Restraint of trade, see chapter 480.