---
kind: "section"
citation: "46 U.S.C. § 58106"
title: "46"
title_heading: "Shipping"
number: "58106"
heading: "Concerted discriminatory activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/58106"
units:
  - "Subtitle V — Merchant Marine"
  - "Part G — Restrictions and Penalties"
  - "Chapter 581 — Restrictions and Penalties"
---

# §58106. Concerted discriminatory activities

- (a) **Prohibition.—** A [contractor](/usc/46/53101.md?p=2) receiving an operating-differential subsidy, or a charterer under [chapter 575](/usc/46/chstV/ptF/ch575.md) of this title, may not continue as a party to or conform to an [agreement](/usc/46/53201.md?p=8) with another carrier by water, or engage in a practice in concert with another carrier by water, that is unjustly discriminatory or unfair to any other citizen of the [United States](/usc/46/53101.md?p=10) operating a common carrier by water employing only [vessels](/usc/46/53501.md?p=9) documented under the laws of the [United States](/usc/46/53101.md?p=10) on an established trade route from and to a [United States](/usc/46/53101.md?p=10) port.
- (b) **Government Payment Prohibited.—** No payment or subsidy of any kind may be paid, directly or indirectly, out of funds of the [United States](/usc/46/53101.md?p=10) Government to a [contractor](/usc/46/53101.md?p=2) or charterer that has violated [subsection (a)](#a).
- (c) **Civil Action.—** A [person](/usc/46/53101.md?p=6) whose business or property is injured by a violation of [subsection (a)](#a) may bring a civil action in the district court of the [United States](/usc/46/53101.md?p=10) for the district in which the defendant resides, is found, or has an agent. If the [person](/usc/46/53101.md?p=6) prevails, the [person](/usc/46/53101.md?p=6) shall be awarded—
  - (1) 3 times the damages; and
  - (2) costs, including reasonable attorney fees.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 58106 | 46 App.:1227. | June 29, 1936, ch. 858, title VIII, § 810, 49 Stat. 2015. |

In subsection (b), the words “United States Government” are substituted for “United States or any agency of the United States” for consistency and to eliminate unnecessary words.

In subsection (c), the words “bring a civil action” are substituted for “sue” for consistency in the revised title. The words “without respect to the amount in controversy” are omitted because section 1331 of title 28 no longer contains a requirement of any particular amount in controversy for jurisdiction of civil actions arising under the laws of the United States. The words “If the person prevails” are added for clarity.