American Trucking Association, Inc. v. United States of America and Interstate Commerce Commission

GODBOLD, Chief Judge:

Petitioners 1 brought this action to challenge the validity of rules promulgated by the Interstate Commerce Commission implementing and interpreting recent statutory amendments to the provisions of the Interstate Commerce Act governing the antitrust exemption of motor carrier rate bureaus. We uphold the rules in large part but find one portion of the rules invalid for failure to comply with notice and comment procedures and another portion invalid as being in conflict with the statute.

I. Introduction

Since 1948 members of motor carrier rate bureaus have enjoyed antitrust…