DOJ Business Advisory Letter 96-13 of 6/14/96 Transportation Claims and Prevention Council, Inc
(Text
excerpted from DOJ source)
Facts: TCPC is composed of over 500 companies who ship goods via
motor carrier. Motor carriers currently utilize a Uniform Bill of Lading
that incorporates, by reference, certain rates, classifications, and
rules. A shipper's lack of actual knowledge of such terms can lead to
contract disputes with motor carriers. TCPC proposed to develop an
alternative Shippers' Bill and Common Carrier Rate Agreement that would include all of the
governing rates and terms within the document itself. The proposed
Shippers' Bill would not establish rates or prices, and
its use would be completely voluntary by both shippers and motor
carriers.
Response: The voluntary nature of the proposed standardized business
forms and the fact that they do not involve any agreement among rivals
as to price or price-related terms or conditions makes it unlikely that TCPC's proposed activities would be
anticompetitive. If the utilization of a form of contract that relies
more on actual knowledge than constructive knowledge reduces the cost of
contract disputes, the result could be procompetitive. The Department
has no present intention to challenge the proposal.
Formal DOJ Business Review Letter
Formal Request for the Business Review letter