432
Syllabus
ceases to satisfy the fundamental purpose of tariffs: to disclose the freight charge due to the carrier. Petitioner may not recover for undercharges based on filed, but void, rates lacking an essential element. Pp. 435-440. (b) The rule of American Trucking, supra, at 361-364, is not apposite here, for the void-for-nonparticipation regulation does not apply retroactively. Under the regulation, petitioner's tariff reference to the HGCB Mileage Guide became void as a matter of law and its tariff filings incomplete on their face when HGCB canceled its participation in the Guide by filing a supplemental tariff. The transactions with respondent occurred after that date. Pp. 440-442. (c) Also inapplicable is the "technical defect" rule. See, e. g., Berwind-White Coal Mining Co. v. Chicago & Erie R. Co., 235 U. S. 371, 375. A tariff like petitioner's that refers to another tariff for essential information, which tariff in turn states that the carrier may not refer to it, does not provide the "adequate notice" of rates to be charged that the Court's "technical defect" cases require. Pp. 442-443.
996 F. 2d 1516, affirmed.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, O'Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed a concurring opinion, post, p. 444. Thomas, J., post, p. 444, and Ginsburg, J., post, p. 455, filed dissenting opinions.
Paul O. Taylor argued the cause and filed briefs for petitioner.
William J. Augello argued the cause for respondent. With him on the brief was Alice I. Buckley.
John F. Manning argued the cause for the United States et al. as amici curiae urging affirmance. On the brief were Solicitor General Days, Deputy Solicitor General Wallace, Michael R. Dreeben, Henri F. Rush, and Ellen D. Hanson.*
*Joseph L. Steinfeld, Jr., Robert B. Walker, John T. Siegler, and Scott H. Lyon filed a brief for Overland Express, Inc., as amicus curiae urging reversal.
Frederick L. Wood, Nicholas J. DiMichael, and Richard D. Fortin filed a brief for the National Industrial Transportation League as amicus curiae urging affirmance.
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