Us Code § 58106 - Concerted discriminatory activities

Full text of Us Code United States Code § 58106 — Concerted discriminatory activities, with citation guidance and answers to common questions.

§ 58106. Concerted discriminatory activities

(a) Prohibition.—A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not continue as a party to or conform to an agreement with another carrier by water, or engage in a practice in concert with another carrier by water, that is unjustly discriminatory or unfair to any other citizen of the United States operating a common carrier by water employing only vessels documented under the laws of the United States on an established trade route from and to a United States port.

(b) Government Payment Prohibited.—No payment or subsidy of any kind may be paid, directly or indirectly, out of funds of the United States Government to a contractor or charterer that has violated subsection (a).

(c) Civil Action.—A person whose business or property is injured by a violation of subsection (a) may bring a civil action in the district court of the United States for the district in which the defendant resides, is found, or has an agent. If the person prevails, the person shall be awarded—

(1) 3 times the damages; and

(2) costs, including reasonable attorney fees.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1672.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
58106 46 App.:1227. June 29, 1936, ch. 858, title VIII, §810, 49 Stat. 2015.

In subsection (b), the words "United States Government" are substituted for "United States or any agency of the United States" for consistency and to eliminate unnecessary words.

In subsection (c), the words "bring a civil action" are substituted for "sue" for consistency in the revised title. The words "without respect to the amount in controversy" are omitted because section 1331 of title 28 no longer contains a requirement of any particular amount in controversy for jurisdiction of civil actions arising under the laws of the United States. The words "If the person prevails" are added for clarity.

About This Section

46 U.S.C. § 58106 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 46 U.S.C. § 58106. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

How to Read This Statute

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Sources

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Frequently Asked Questions About Us Code § 58106

What does United States Code § 58106 cover?

Section 58106 ("Concerted discriminatory activities") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 58106?

A common citation format is "United States Code § 58106" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 58106 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Us Code can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Us Code.