Re-Evaluation of the Filed Rate Doctrine in Light of Revised Regulatory Policy and Carriers' Practices: Inf, Ltd. v. Spectro Alloys Corp., A
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Authors
Rouse, Michael A.
Issue Date
1990
Volume
23
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In 1887, Congress passed the Interstate Commerce Act as a means of protecting shippers and travelers from the abuses of carriers. In order to prevent discrimination toward shippers by carriers, section 10761(a) of the Interstate Commerce Act requires carriers to file a rate tariff prior to providing transportation services to customers. Section 10761 serves as the foundation for the "filed rate doctrine" which requires that shippers and carriers strictly adhere to the rates set out in the filed tariff. In 1980, Congress amended the Interstate Commerce Act in response to changes in national regulatory policy. The amendments streamlined entry by new carriers into the transportation industry, reduced rate restrictions, and placed restrictions on collective ratemaking. These modifications were designed to increase competition among carriers, thereby benefiting shippers, small carriers, and others through market-determined pricing...
Description
Citation
23 Creighton L. Rev. 669 (1989-1990)
Publisher
Creighton University School of Law