§41307 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can go to a federal court to get an order that stops conduct that breaks the shipping rules while it is investigating under sections 41301 or 41302. It must sue in a U.S. district court where the defendant lives or does business. After telling the defendant and showing the court the usual reasons for a court order, the court can issue a temporary or preliminary order to stop the conduct. That order cannot last more than 10 days after the Commission issues its decision on the investigation. If the Commission finds that an agreement filed under chapter 403 is likely to hurt competition, raise costs, or cut service, it can sue in the U.S. District Court for the District of Columbia to stop the agreement. That is the Commission’s only remedy for such an agreement. The court can grant short-term or permanent stop-orders. The Commission has the burden of proof and third parties cannot intervene. The Commission may also sue in the District of Columbia if someone fails to provide required information under section 40304(c); the court can order compliance, extend the time under section 40304(c)(2) until there is substantial compliance, and grant other fair relief. The Commission may represent itself in a district court after notifying the Attorney General, and in a court of appeals with the Attorney General’s approval.

Title 46, §41307

Shipping — Source: USLM XML via OLRC

(a)In connection with an investigation under section 41301 or 41302 of this title, the Federal Maritime Commission may bring a civil action to enjoin conduct in violation of this part. The action must be brought in the district court of the United States for any judicial district in which the defendant resides or transacts business. After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the issues under investigation.

(b)(1)If, at any time after the filing or effective date of an agreement under chapter 403 of this title, the Commission determines that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost or to substantially lessen competition in the purchasing of certain covered services, the Commission, after notice to the person filing the agreement, may bring a civil action in the United States District Court for the District of Columbia to enjoin the operation of the agreement. The Commission’s sole remedy with respect to an agreement likely to have such an effect is an action under this subsection.

(2)In an action under this subsection, the court may issue—

(A)a temporary restraining order or a preliminary injunction; and

(B)a permanent injunction after a showing that the agreement is likely to have the effect described in paragraph (1).

(3)In an action under this subsection, the burden of proof is on the Commission. The court may not allow a third party to intervene.

(4)In making a determination under this subsection regarding whether an agreement is likely to substantially lessen competition in the purchasing of certain covered services, the Commission may consider any relevant competition factors in affected markets, including, without limitation, the competitive effect of agreements other than the agreement under review.

(c)If a person filing an agreement, or an officer, director, partner, agent, or employee of the person, fails substantially to comply with a request for the submission of additional information or documents within the period provided in section 40304(c) of this title, the Commission may bring a civil action in the United States District Court for the District of Columbia. At the request of the Commission, the Court—

(1)may order compliance;

(2)shall extend the period specified in section 40304(c)(2) of this title until there has been substantial compliance; and

(3)may grant other equitable relief that the court decides is appropriate.

(d)The Commission may represent itself in a proceeding under this section in—

(1)a district court of the United States, on notice to the Attorney General; and

(2)a court of appeals of the United States, with the approval of the Attorney General.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41307(a)46 App.:1710(h)(1).Pub. L. 98–237, § 11(c) (last sentence), (h)(1), Mar. 20, 1984, 98 Stat. 80, 81. 41307(b)(1)46 App.:1705(g), (h) (1st sentence).Pub. L. 98–237, § 6(g)–(i), (k), Mar. 20, 1984, 98 Stat. 72, 73. 46 App.:1710(c) (last sentence). 41307(b)(2)46 App.:1705(h) (2d sentence). 41307(b)(3)46 App.:1705(h) (3d, last sentences). 41307(c)46 App.:1705(i). 41307(d)46 App.:1705(k).

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–282, § 710(a)(1), inserted “or to substantially lessen competition in the purchasing of certain covered services” after “transportation cost”. Subsec. (b)(4). Pub. L. 115–282, § 710(a)(2), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–282, title VII, § 710(b), Dec. 4, 2018, 132 Stat. 4297, provided that: “section 41307(b) of title 46, United States Code, as amended, shall apply to any agreement filed or with an

Effective Date

before, on, or after the date of enactment of this Act [Dec. 4, 2018].”

§41307 Injunctive Relief Sought by the Commission

Summary

Title 46, §41307

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata