| | | (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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