LD 2110
pg. 10
Page 9 of 16 PUBLIC Law Chapter 670 Page 11 of 16
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LR 3274
Item 1

 
(2)__Issue notice to the certificate holders compelling
compliance with any conditions included in the
certificate or consent decree.__If after 30 days the
department determines that the notice was not effective
in securing compliance with the conditions, the
department may impose any additional measures
authorized by law to compel compliance with the
conditions, or seek a court order revoking the
certificate in accordance with subsection 4.

 
B.__The department may impose additional conditions to
ameliorate any disadvantages attributable to any reduction
in competition, or seek a court order revoking__the
certificate in accordance with subsection 4, if the
department determines in any additional supervisory
activities conducted under subsection 2 that, as a result of
changed or unanticipated circumstances, the benefits
resulting from the activities authorized under the
certificate and the unavoidable costs of revoking__the
certificate are outweighed by disadvantages attributable to
a reduction in competition resulting from the activities
authorized under the certificate.__For purposes of this
paragraph, "unanticipated circumstances" includes the
failure to realize anticipated benefits of the agreement or
the realization of unanticipated anticompetitive effects
from the agreement.

 
4.__Action to revoke certificate.__The department is
authorized to seek a court order revoking a certificate of public
advantage under the circumstances specified in subsection 3,
paragraph A, subparagraph (2) or subsection 3, paragraph B.__In
any such action the standards for adjudication to be applied by
the court are the same as in section 1848, subsections 5 and 6.__
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.__The
department's burden of proof is the same as that for the Attorney
General in an action under section 1848, subsections 5 and 6.

 
5.__Attorney General enforcement.__The Attorney General may
file an action in Superior Court to enforce any final action
taken by the department as a result of additional supervisory
proceedings under this section.__In the event that the Attorney
General files an action pursuant to its separate authority
outlined in section 1848, any pending department proceedings are
stayed pursuant to section 1848, subsection 7.


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