Replacing Antitrust Exemptions for Transportation Industries: The Potential for a 'Robust Business Review Clearance'

49 Pages Posted: 10 Oct 2018

See all articles by Peter Carstensen

Peter Carstensen

University of Wisconsin Law School; American Antitrust Institute

Date Written: October 4, 2011

Abstract

Congress has scattered among various statutes at least thirty exemptions or modifications of antitrust law. The greatest concentration of these exemptions is in the area of commercial transportation where there are six such exemptions, the oldest relating to ocean shipping. Indeed, until the deregulatory movement of the 1970s and 1980s, most rates, routes, and terms for transportation were the subject of direct regulatory control. However, starting in the 1970s, legislative policy toward transportation dramatically changed. Increasingly, federal policy favors market competition in transportation sectors and discourages regulatory interference. Yet the exemptions remain on the books, and companies regularly seek their benefit. This leads to an empirical question, which will form the core of this Article: what kinds of conduct are now being presented to regulators for approval and antitrust immunity?

Keywords: antitrust, antitrust immunity, transportation industry

JEL Classification: K10, K21

Suggested Citation

Carstensen, Peter C., Replacing Antitrust Exemptions for Transportation Industries: The Potential for a 'Robust Business Review Clearance' (October 4, 2011). Oregon Law Review, Vol. 89, 2011; Univ. of Wisconsin Legal Studies Research Paper No. 1454. Available at SSRN: https://ssrn.com/abstract=3260696 or http://dx.doi.org/10.2139/ssrn.3260696

Peter C. Carstensen (Contact Author)

University of Wisconsin Law School ( email )

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American Antitrust Institute ( email )

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