49 CFR §1144.3

1. (a)These rules will govern the Board's adjudication of individual cases pending on or after the effective date of these rules (October 31, 1985).
2. (b)Discovery under these rules is governed by the Board's general rules of discovery at 49 CFR part 1114.
3. (c)Any Board determinations or findings under this part with respect to compliance or non-compliance with the standards of § 1144.2 shall not be given any res judicata or collateral estoppel effect in any litigation involving the same facts or controversy arising under the antitrust laws of the United States.