1995 U.S. Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
Sec. 1506 - Antitrust review

The Secretary shall not issue any license pursuant to section 1503 of this title unless he has received the opinions of the Attorney General of the United States and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise create a situation in contravention of the antitrust laws. The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any private right of action under such laws.

(1) The Secretary shall transmit promptly to the Attorney General and the Federal Trade Commission a complete copy of each application for issuance of a license or a petition for the amendment, transfer, or reinstatement of a license that is received. Within 45 days following the last public hearing on license application, the Attorney General and the Federal Trade Commission shall each prepare and submit to the Secretary a report assessing the competitive effects which may result from issuance of the proposed license and the opinions described in subsection (a) of this section. If either the Attorney General or the Federal Trade Commission, or both, fails to file such views within such period, the Secretary shall proceed as if he had received such views.

(2) Nothing in this section shall be construed to bar the Attorney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or operation of a deepwater port.

(3) Nothing contained in this section shall impair, amend, broaden or modify any of the antitrust laws.

(Pub. L. 93–627, §7, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 98–419, §2(g), (h), Sept. 25, 1984, 98 Stat. 1607.)

The antitrust laws, referred to in subsecs. (a) and (b)(3), include the laws specified in section 1502(3) of this title.

1984—Subsec. (a). Pub. L. 98–419, §2(g), substituted “issue” for “issue, transfer, or renew”.

Subsec. (b)(1). Pub. L. 98–419, §2(h), substituted provisions requiring the Secretary transmit promptly to the Attorney General and the Federal Trade Commission a complete copy of each application for issuance of a license or a petition for the amendment, transfer, or reinstatement of a license that is received for provisions which had required that whenever any application for issuance, transfer, substantial change in, or renewal of any license was received, the Secretary was required to transmit promptly to the Attorney General and the Federal Trade Commission a complete copy of such application, and inserted “on license application” after “public hearing”.

This section is referred to in section 1503 of this title.