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PUBLIC LAW 104-88 —DEC. 29, 1995
109 STAT. 815
or leased by such shippers, under payment by such carriers or
under a published allowance, are unable to agree upon the amount
of compensation to be paid for the use of such rolling stock, any
party directly involved in the negotiations may require that the
matter be settled by submitting the issues in dispute to the Board.
The Board shall render a binding decision, based upon a standard
of reasonableness and after taking into consideration any past
precedents on the subject matter of the negotiations, no later than
90 days after the date of the submission of the dispute to the
Board.
"(C) Nothing in this paragraph shall be construed to change
the law in effect prior to the effective date of the Staggers Rail
Act of 1980 with respect to the obligation of rail carriers to utilize
rolling stock owned or leased by shippers.
"(b) The Board may require an organization established or
continued under an agreement approved under this section to maintain records and submit reports. The Board may inspect a record
maintained under this section.
"(c) The Board may review an agreement approved under subsection (a) of this section and shall change the conditions of approval
or terminate it when necessary to comply with the public interest
and subsection (a). The Board shall postpone the effective date
of a change of an agreement under this subsection for whatever
period it determines to be reasonably necessary to avoid unreasonable hardship.
"(d) The Board may begin a proceeding under this section
on its own initiative or on application. Action of the Board under
this section—
"(1) approving an agreement;
"(2) denying, ending, or changing approval;
"(3) prescribing the conditions on which approval is
granted; or
"(4) changing those conditions,
has effect only as related to application of the antitrust laws referred
to in subsection (a) of this section.
"(e)(1) The Federal Trade Commission, in consultation with Reports,
the Antitrust Division of the Department of Justice, shall prepare
periodically an assessment of, and shall report to the Board on—
"(A) possible anticompetitive features of—
"(i) agreements approved or submitted for approval
under subsection (a) of this section; and
"(ii) an organization operating under those agreements;
and
"(B) possible ways to alleviate or end an anticompetitive
feature, effect, or aspect in a manner that will further the
goals of this part and of the transportation policy of section
10101 of this title.
"(2) Reports received by the Board under this subsection shall
be published and made available to the public under section 552(a)
of title 5.
'*§ 10707. Determination of market dominance in rail rate
proceedings
"(a) In this section, "market dominance' means an absence of
effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies.
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