Duquesne Law Review


Rene Sacasas


Three industries - transportation, communications and energy - are essential to economic growth and industrial development. Absent a healthy profile in each of these industries, a nation cannot prosper. Owing to their powerful influence over economic growth, these industries have been viewed as too important to the nation's well-being to be abandoned to individual economic interests. Accordingly we have regulated them. During the last decade, a tension developed between two public policy positions: the newly emerged desire for the economic deregulation of the transportation industry and the well-established controls against the excesses of the free marketplace, as represented by the filed tariff doctrine. This article reflects upon that tension and examines the legislative, administrative and judicial efforts to reconcile these principles.

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