Discriminatory Practices Prohibition Act

Summary

Discriminatory Practices Prohibition Act - Makes it a purpose of the Interstate Commerce Act the fostering and promoting healthy intermodal competition by prohibiting predatory or discriminatory practices which have the purpose or effect of undermining, preventing, destroying, or precluding competition and to provide penalties for such predatory and discriminatory practices. Requires that no carrier covered by such Act acting alone or in concert with another carrier of the same mode shall discriminate in the rates or charges assessed on a route where intermodal competition exists versus the rates or charges assessed by such carrier or carriers for the same or similar traffic on another route, where the purpose or effect is substantially to lessen competition between the carrier or carriers and a carrier of the other mode, but the prima facie unlawfulness of such discrimination may be rebutted by an affirmative showing that the lower rate or charge creating the discrimination is not below the point necessary in good faith to meet the competition of such other mode, considering all competitive factors and conditions. Requires that no rail or water carrier acting alone or in concert with another such carrier shall discriminate in the rates or charges assessed or the services offered over the rail or water segment of an actual or potential rail and water route versus the rates or charges assessed or services offered by such carrier or carriers on the same or similar traffic over a competing all-rail or all-water route, where the purpose or effect is substantially to lessen competion between the carrier or carriers and a connecting carrier of the other mode or tend to create a monopoly of the traffic in question. Provides that any carrier which shall be injured in his business or property by reason of engagement by a carrier in any practice which is forbidden by the provision of this Act may sue therefor in the district court of the United States in the district in which the defendant resides or is found or has an agent and shall recover treble the damages by it sustained, and the cost of the suit including reasonable attorney's fees.

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1 official file

• Introduced in Senate

  summary · EN · 3 March 1975

  Open at official source

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