§ 522. — Monopolies or restraints of trade; service of complaint by Secretary of Commerce; hearing; order to cease and desist; jurisdiction of district court.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC522]
TITLE 15--COMMERCE AND TRADE
CHAPTER 13A--FISHING INDUSTRY
Sec. 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.
(June 25, 1934, ch. 742, Sec. 2, 48 Stat. 1214; 1939 Reorg. Plan No. II,
Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Transfer of Functions
``Secretary of Commerce'' substituted in text for ``Secretary of the
Interior'' in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior which were
administered through Bureau of Commercial Fisheries or were primarily
related to such Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River Reservoir
research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau of
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees.
Functions of Secretary of Commerce under this section transferred to
Secretary of the Interior by Reorg. Plan No. II of 1939, set out in the
Appendix to Title 5, Government Organization and Employees, which
transferred Bureau of Fisheries from Department of Commerce to
Department of the Interior.
