46 U.S.C. § 41106
Section 41106 · Marine terminal operators
Amended 1 time on record
Applied in 5 court decisions — leading case Maher Terminals, LLC v. Federal Maritime Commission (2016)
Most recently applied in Santa Fe Disc. Cruise Parking, Inc. v. Fed. Mar. Comm'n & United States (May 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A marine terminal operator may not—
(1) agree with another marine terminal operator or with a common carrier to boycott, or unreasonably discriminate in the provision of terminal services to, a common carrier or ocean tramp;
(2) give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any person; or
(3) unreasonably refuse to deal or negotiate.