§292 Monopolizing or Restraining Trade and Unduly Enhancing Prices Prohibited; Remedy and Procedure

Summary

The Secretary of Agriculture can start a case when he believes an association is blocking trade or unfairly raising the price of an agricultural product. He must give the association a written complaint and a hearing date at least thirty days after the complaint is served. The association can come to the hearing and try to show why it should not be ordered to stop. The hearing evidence is taken under rules the Secretary sets, put in writing, and kept as the official record. If the Secretary finds the association is monopolizing or restraining trade and causing higher prices, he will order the association to stop. If the association asks the court to review the order, or if it ignores the order for thirty days, the Secretary must file the order and the full record in the federal district court where the association’s main office is and notify the Attorney General and the association. The court can uphold, change, or cancel the order, may issue a temporary injunction while the case is reviewed, and can enforce a final decree by a permanent injunction or other remedy. Service of the complaint or notices on any officer, agent doing business, or the association’s attorney binds the whole association.