15 U.S.C. § 522 : US Code - Section 522: Monopolies or restraints of trade; service of complaint by Secretary of Commerce; hearing; order to cease and desist; jurisdiction of district court
Search 15 U.S.C. § 522 : US Code - Section 522: Monopolies or restraints of trade; service of complaint by Secretary of Commerce; hearing; order to cease and desist; jurisdiction of district court
If the Secretary of Commerce shall have reason to believe that
any such association monopolizes or restrains trade in interstate
or foreign commerce to such an extent that the price of any aquatic
product is unduly enhanced by reason thereof, he shall serve upon
such association a complaint stating his charge in that respect, to
which complaint shall be attached, or contained therein, a notice
of hearing, specifying a day and place not less than thirty days
after the service thereof, requiring the association to show cause
why an order should not be made directing it to cease and desist
from monopolization or restraint of trade. An association so
complained of may at the time and place so fixed show cause why
such order should not be entered. The evidence given on such a
hearing shall be taken under such rules and regulations as the
Secretary of Commerce may prescribe, reduced to writing, and made a
part of the record therein. If upon such hearing the Secretary of
Commerce shall be of the opinion that such association monopolizes
or restrains trade in interstate or foreign commerce to such an
extent that the price of any aquatic product is unduly enhanced
thereby, he shall issue and cause to be served upon the association
an order reciting the facts found by him, directing such
association to cease and desist from monopolization or restraint of
trade. On the request of such association or if such association
fails or neglects for thirty days to obey such order, the Secretary
of Commerce shall file in the district court in the judicial
district in which such association has its principal place of
business a certified copy of the order and of all the records in
the proceedings, together with a petition asking that the order be
enforced, and shall give notice to the Attorney General and to said
association of such filing. Such district court shall thereupon
have jurisdiction to enter a decree affirming, modifying, or
setting aside said order, or enter such other decree as the court
may deem equitable, and may make rules as to pleadings and
proceedings to be had in considering such order. The place of trial
may, for cause or by consent of parties, be changed as in other
causes.
The facts found by the Secretary of Commerce and recited or set
forth in said order shall be prima facie evidence of such facts,
but either party may adduce additional evidence. The Department of
Justice shall have charge of the enforcement of such order. After
the order is so filed in such district court and while pending for
review therein, the court may issue a temporary writ of injunction
forbidding such association from violating such order or any part
thereof. The court shall, upon conclusion of its hearing, enforce
its decree by a permanent injunction or other appropriate remedy.
Service of such complaint and of all notices may be made upon such
association by service upon any officer, or agent thereof, engaged
in carrying on its business, or on any attorney authorized to
appear in such proceeding for such association and such service
shall be binding upon such association, the officers and members
thereof.
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