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The Advance Bulletin supplements the Commission's bound volume:

Interstate Commerce Acts Annotated. This issue is number 9 of volume 1. number of Bulletins will constitute a volume; and the pages will be numb consecutively within each volume rather than within individual Bulletins facilitate the locations of subject headings, the Table of Contents of e Bulletin may ultimately be removed to form a cumulative table for the vo The Bulletin is published bimonthly.

Members of the public, attorneys and practitioners, the I.C.C may consult the consolidated file from which the Bulletin is compiled in 6364 of the I.C.C. Building. For cases which appear in the Bulletin only reconsidered or appealed, prior citations and annotations may be obtained consulting the consolidated file or by calling Mr. John F. McMorrow or M Robert A. Emery, (202) 343-3267.

Material in this volume of the Bulletin will appear in Volume 2
Where a Bulletin case is marked

the Interstate Commerce Acts Annotated.

an asterisk (*), its history may be found in the Table of Cases at the ba

of the Bulletin.

Volume 21 of the Interstate Commerce Acts Annotated is now ava from the U. S. Government Printing Office (Stock No. 2600-00970) and may ordered from the Superintendent of Documents, Government Printing Office, Washington, D. C. 20402, at $18.65 per copy, payable by check or money or to the Superintendent of Documents.

The Advance Bulletin is prepared in the Annotations Unit under direction of Mr. Jack R. Long, Chief, Reference Services Branch, Section Case Control and Information, Office of Proceedings, Interstate Commerce mission, Washington, D. C. 20423. Comments and suggestions regarding in ment of the format of the Bulletin will be welcomed, and may be made in w

or by calling (202) 2422766

-366

NATIONAL TRANSPORTATION POLICY

Vol. I No. 9

5. National transportation policy, in general.-

Competition and ratemaking: Defendant's claim that competition is issue herein is market competition is incorrect. Market competition occurs when different commodities or geographic areas compete for same customers. Situation herein is carrier competition as two or more carrier: are competing for same traffic between the same two points.-Great Lakes Ship Owners Assn. v. Chicago & N.W. Ry., 337 I.C.C. 287 (293-4).

Destructive competition:

Commission found that defendant's tari provision requiring a minimum-annual-volume of coal created destructive co petition because shipper, to receive the lower rate, must ship approximate 85 percent of its annual consumption of coal by defendant, thus foreclosin the availability of this traffic to other carriers. Defendant's reliance cases cited herein to prove that the national transportation policy does n apply is ill-founded. Carriers claiming injury in those cases were not su ject to Commission's jurisdiction and were not entitled to claim protectio of the national transportation policy. Complainants herein are steamship companies holding and using certificates from this Commission and are entitled to protection from destructive competition.-Great Lakes Ship Owners Assn. v. Chicago & N. W. Ry., 337 I.C.C. 287 (292-94).

PART I

$1(5). JUST AND REASONABLE CHARGES

Competition

286. How far competition considered in determining reasonablene by Commission.--The Commission ordered cancellation of assailed rates inas as they were based on requirement that a minimum annual volume of coal be tendered to carrier in order for the shipper to receive the benefit of the lower rate. This was found to be an unlawful destruction competitive pol in violation of the national transportation policy. Assailed schedules ordered canceled.--Great Lakes Ship Owners Assn. v. Chicago & N. W. Ry., 337 I.C.C. 287 (290-92).

305. Competition with carriers not subject to act.--Carriers no subject to the Commission's jurisdiction are not entitled to claim the pro tection of the national transportation policy. However, complainants in t instant case hold certificates issued by this Commission under Part III of the Act and are therefore entitled to protection from destructive competit Great Lakes Ship Owners Assn. v. Chicago & N. W. Ry., 337 I.C.C. 287 (293) Rates Based on Quantity of Traffic

514.

In general.--Commission ordered assailed rates on coal can celed as they were based on a tariff provision requiring a minimum annual

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