--- kind: "section" citation: "15 U.S.C. § 522" title: "15" title_heading: "Commerce and Trade" number: "522" heading: "Monopolies or restraints of trade; service of complaint by Secretary of Commerce; hearing; order to cease and desist; jurisdiction of district court" release: "119-102" url: "https://uscodex.org/usc/15/522" units: - "Chapter 13A — Fishing Industry" --- # §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](/usc/15/657h.md?p=a-2) 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](/usc/15/657h.md?p=a-2) 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](/usc/15/657h.md?p=a-2) to show cause why an [order](/usc/15/8702.md?p=14) should not be made directing it to cease and desist from monopolization or restraint of trade. An [association](/usc/15/657h.md?p=a-2) so complained of may at the time and place so fixed show cause why such [order](/usc/15/8702.md?p=14) 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](/usc/15/657h.md?p=a-2) 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](/usc/15/657h.md?p=a-2) an [order](/usc/15/8702.md?p=14) reciting the facts found by him, directing such [association](/usc/15/657h.md?p=a-2) to cease and desist from monopolization or restraint of trade. On the request of such [association](/usc/15/657h.md?p=a-2) or if such [association](/usc/15/657h.md?p=a-2) fails or neglects for thirty days to obey such [order](/usc/15/8702.md?p=14), the Secretary of Commerce shall file in the district court in the judicial district in which such [association](/usc/15/657h.md?p=a-2) has its principal place of business a certified copy of the [order](/usc/15/8702.md?p=14) and of all the records in the proceedings, together with a petition asking that the [order](/usc/15/8702.md?p=14) be enforced, and shall give notice to the Attorney General and to said [association](/usc/15/657h.md?p=a-2) of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said [order](/usc/15/8702.md?p=14), 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](/usc/15/8702.md?p=14). 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](/usc/15/8702.md?p=14) 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](/usc/15/8702.md?p=14). After the [order](/usc/15/8702.md?p=14) 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](/usc/15/657h.md?p=a-2) from violating such [order](/usc/15/8702.md?p=14) 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](/usc/15/657h.md?p=a-2) 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](/usc/15/657h.md?p=a-2) and such service shall be binding upon such [association](/usc/15/657h.md?p=a-2), the officers and members thereof. ## Source credit (June 25, 1934, ch. 742, § 2, 48 Stat. 1214; 1939 Reorg. Plan No. II, § 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.) ## Notes ### Executive Documents ### 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.