20.0401 Illegal trade restraints.

Cite as [A.S.C.A. § 20.0401]

No person may directly or indirectly, in respect to the transportation by water of passengers or freight between a port or landing of American Samoa or between islands of American Samoa or between a port of American Samoa and a port of another country:

(1) pay or allow, or enter into any combination, agreement, or understanding, express or implied, to pay or allow a deferred rebate to any shipper;

(2) make any unfair or unjustly discriminatory contract with any shipper based on the volume of freight offered, or unfairly treat or unjustly discriminate against any shipper in the matter of:

(A) cargo space accommodations or other facilities; due regard being had for the proper loading of the vessel and the available tonnage;

(B) the loading and landing of freight in proper condition; or

(C) the adjustment and settlement of claims;

(3) retaliate against any shipper by refusing, or threatening to refuse space accommodations when such are available or resort to other discriminatory or unfair methods, because such shipper has patronized any other carrier or has filed a complaint charging unfair treatment for any reason.

History: 1971, PL 12-34 § 17.

Research Guide: For penalty, see 20.0250.