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U.S. Code as of:
01/03/05
Section 292. Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure
If the Secretary of Agriculture 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
agricultural 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 Agriculture may prescribe, reduced to writing,
and made a part of the record therein. If upon such hearing the
Secretary of Agriculture 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 agricultural
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 Agriculture 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 proceeding, 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 Agriculture 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 may, 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 proceedings for such association, and such
service shall be binding upon such association, the officers, and
members thereof.
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