PUBLIC LAW 109–435—DEC. 20, 2006
120 STAT. 3227
obtainable) from an independent source or is otherwise obtained (or obtainable). ‘‘(b) The Postal Regulatory Commission shall prescribe regulations to carry out this section. ‘‘(c) Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.’’. (b) CONFORMING AMENDMENTS.— (1) GENERAL POWERS.—Section 401 of title 39, United States Code, is amended by striking ‘‘The’’ and inserting ‘‘Subject to the provisions of section 404a, the’’. (2) SPECIFIC POWERS.—Section 404(a) of title 39, United States Code, is amended by striking ‘‘Without’’ and inserting ‘‘Subject to the provisions of section 404a, but otherwise without’’. (c) CLERICAL AMENDMENT.—The analysis for chapter 4 of title 39, United States Code, is amended by inserting after the item relating to section 404 the following:
Regulations.
‘‘404a. Specific limitations.’’. SEC. 404. SUITS BY AND AGAINST THE POSTAL SERVICE.
(a) IN GENERAL.—Section 409 of title 39, United States Code, is amended by striking subsections (d) and (e) and inserting the following: ‘‘(d)(1) For purposes of the provisions of law cited in paragraphs (2)(A) and (2)(B), respectively, the Postal Service— ‘‘(A) shall be considered to be a ‘person’, as used in the provisions of law involved; and ‘‘(B) shall not be immune under any other doctrine of sovereign immunity from suit in Federal court by any person for any violation of any of those provisions of law by any officer or employee of the Postal Service. ‘‘(2) This subsection applies with respect to— ‘‘(A) the Act of July 5, 1946 (commonly referred to as the ‘Trademark Act of 1946’ (15 U.S.C. 1051 and following)); and ‘‘(B) the provisions of section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair or deceptive acts or practices. ‘‘(e)(1) To the extent that the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, engages in conduct with respect to any product which is not reserved to the United States under section 1696 of title 18, the Postal Service or other Federal agency (as the case may be)— ‘‘(A) shall not be immune under any doctrine of sovereign immunity from suit in Federal court by any person for any violation of Federal law by such agency or any officer or employee thereof; and ‘‘(B) shall be considered to be a person (as defined in subsection (a) of the first section of the Clayton Act) for purposes of— ‘‘(i) the antitrust laws (as defined in such subsection); and ‘‘(ii) section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
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