33-2-706 - Effect of grant or denial of certificate of public advantage. - Tennessee Statutes

33-2-706. Effect of grant or denial of certificate of public advantage.

(a)  Notwithstanding the provisions of title 47, chapter 25, or any other provision of law to the contrary, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding the provisions of title 47, chapter 25, or any other provision of law to the contrary, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the department, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this subsection (a) immunizes any person for conduct in negotiating and entering into a cooperative agreement for which an application for a certificate of public advantage is not filed.

(b)  If the department, or the other department or agency of state government to which the department has referred the application under § 33-2-704(d), determines that the likely benefits resulting from a cooperative agreement do not outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the agreement is invalid and has no further force or effect.

(c)  Any dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by principles of contract law.

[Acts 1998, ch. 1005, § 6; T.C.A., § 33-2-906; Acts 2000, ch. 947, § 1; 2001, ch. 349, § 9.]