ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

15 U.S.C. § 47Reference of suits under antitrust statutes to Commission

submitted 112 years ago by ch. 311 to r/title-15-COMMERCE-AND-TRADE · 147 words · no verdicts yet

in plain englishAI-generated · not legal advice

In certain antitrust lawsuits brought by the government, a court can send the case to the Commission after testimony ends. The Commission then works out and reports back a proposed court order. The court can accept, reject, or change that report before issuing its final decree.

This section applies to equity lawsuits that the Attorney General brings under the antitrust laws. After all testimony in the case is finished, if the court believes the person suing ("complainant") is entitled to relief, the court may send the case to the Commission. The Commission acts like a "master in chancery" — a court-appointed helper — whose job is to figure out and report back an appropriate form of court order ("decree"). The Commission must follow whatever notice and procedure rules the court sets for the parties. Once the Commission's report comes back, either side can file objections ("exceptions") to it, and the court handles those the same way it would handle objections to a report from a master in any other equity case. The court is not bound by the Commission's report — it may adopt all of it, reject all of it, or accept only part of it. The court then issues whatever final decree the case requires, in its own judgment.
the actual law source: uscode.house.gov ↗public domain

In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the Commission, as a master in chancery, to ascertain and report an appropriate form of decree therein. The Commission shall proceed upon such notice to the parties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in whole or in part, and enter such decree as the nature of the case may in its judgment require.

Source credit: (Sept. 26, 1914, ch. 311, § 7, 38 Stat. 722.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Sept. 26, 1914, ch. 311 · 38 Stat. 722

A history note hasn’t been published yet. The record shows enactment by ch. 311 on 1914-09-26.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case