| (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. |
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| 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. |
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| | 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. |
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| | 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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