ICC v. Transcon Lines, 513 U.S. 138, 7 (1995)

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144

ICC v. TRANSCON LINES

Opinion of the Court

On remand, the Court of Appeals adhered to its earlier determination. 9 F. 3d 64 (CA9 1993). It found Reiter distinguishable but concluded that, even if it were apposite, Reiter did no more than require a balancing of the carrier's argument based on the filed rate doctrine against the ICC's argument based on the credit regulations. 9 F. 3d, at 66. It thought the balance tilted in favor of disallowing relief. A grant of an injunction would, the Court of Appeals reasoned, "permit an end-run around the filed rate doctrine" by allowing a carrier and shipper to negotiate a private discount from the filed rate, while denying the injunction would still leave the ICC with "a wide array of tools for enforcing its credit regulations." Id., at 67.

We again granted certiorari, 511 U. S. 1029 (1994), and now reverse.

II

Just as Reiter was in important respects "a sequel to our decision in Maislin," 507 U. S., at 260, this case is a sequel to our decision in Southern Pacific Transp. Co. v. Commercial Metals Co., 456 U. S. 336 (1982). In Commercial Metals, the carrier released goods to the consignee before payment, but failed to investigate the consignee's credit standing, as ICC regulations required, 49 CFR § 1320.1 (1981). See 456 U. S., at 339, 341, and n. 6. When collection against the consignee proved fruitless and the carrier turned to the shipper for payment, the shipper sought to raise the carrier's violation as a defense. We held the defense improper when raised by the shipper, noting our reluctance to grant the shipper an implied remedy when the statutory scheme did not grant an express one. Id., at 345-348. We went on to say, however, that the case would have been quite different had it involved the ICC's seeking injunctive relief, a remedy for which it has specific authority under the Act. We held that "[t]he remedies for a carrier's violations of the regulations are best left to the ICC for such resolution as it thinks proper," and specified that "the ICC has ample authority to police the

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