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action before or after the department acts on the application for a | certificate; however, the action must be brought no later than 40 | days following the department's approval of an application for a | certificate of public advantage. After the filing of a court action | under this subsection, the department may not take any further | action under this chapter and the time periods specified for | departmental action under section 1844, subsection 4 are tolled | until the court action is dismissed by the Attorney General or the | Superior Court orders the department to take further action. |
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| | 3.__Automatic stay.__Upon the filing of a complaint in an | action under subsection 2, the department's approval of a | certificate of public advantage, if previously issued, must be | stayed unless the court orders otherwise or until the action is | concluded. The applicant for a certificate may apply to the | Superior Court for relief from that stay.__Relief may be granted | only upon showing of compelling justification. The Attorney | General may apply to the court for any temporary or preliminary | relief to enjoin the implementation of the cooperative agreement | pending final disposition of the case. |
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| | 4.__Standard for adjudication.__In an action brought under | subsection 2, the applicant for a certificate of public advantage | bears the burden of establishing by a preponderance of the | evidence that, in accordance with section 1844, subsection 5, the | likely benefits resulting from the cooperative agreement and any | conditions proposed by the applicants outweigh any disadvantages | attributable to a reduction in competition that may result from | the agreement. In assessing disadvantages attributable to a | reduction in competition likely to result from the agreement, the | court may draw upon the determinations of federal and Maine | courts concerning unreasonable restraint of trade under 15 United | States Code, Sections 1 and 2 and Title 10, sections 1101 and | 1102. |
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| | 5.__Ongoing evaluation of benefits. If, at any time following | the 40-day period specified in subsection 2, the Attorney General | determines that, as a result of changed circumstances or | unanticipated circumstances, the benefits resulting from a | certified cooperative agreement or a consent decree entered under | subsection 9 do not outweigh any disadvantages attributable to a | reduction in competition resulting from the agreement, the | Attorney General may file suit in the Superior Court seeking to | revoke the certificate of public advantage. The standard for | adjudication for an action to revoke brought under this | subsection is as follows. |
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| A. Except as provided in paragraph B, in an action brought under | this subsection, the Attorney General has the burden |
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