section 11123 of this title A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not agree or combine with another of those rail carriers to pool or divide traffic or services or any part of their earnings without the approval of the Board under this section or . The Board may approve and authorize the agreement or combination if the rail carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—
will be in the interest of better service to the public or of economy of operation; and
will not unreasonably restrain competition.
The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.
The Board may begin a proceeding under this section on its own initiative or on application.
Pub. L. 104–88, title I, § 102(a)109 Stat. 838 (Added , , .)
Editorial Notes
Prior Provisions
section 11342 of this titlePub. L. 104–88, § 102(a)Provisions similar to those in this section were contained in prior to the general amendment of this subtitle by .
Pub. L. 95–47392 Stat. 1433 Pub. L. 104–88, § 102(a)section 11328 of this titleA prior section 11322, , , , related to restrictions on officers and directors of carriers, prior to the general amendment of this subtitle by . See .
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of this titleSection effective , except as otherwise provided in , see , set out as a note under .