republic-os/legal/us/code/title-46/chapter-413/section-41307.md

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LegalText	46 U.S.C. § 41307	Injunctive relief sought by the Commission	us	united_states_code	code_section	46	SHIPPING	413	ENFORCEMENT	41307	46 U.S.C. § 41307	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip	/us/usc/t46/s41307	data/legal/raw/us/code/title-46/usc46.xml	d4724fcd01cac1a9bdd72daf9a7e776cec0c8662f7524346987ebf0174f8286d	eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f	199797bfa4ffe1973c66b636bd65051b5e1e4a047e355304343225024934e92c	2026-07-04	official	legal us-code

46 U.S.C. § 41307 - Injunctive relief sought by the Commission

Text

(a) General Violations.— 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) Reduction in Competition.— (1) Action by commission.— 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) Remedies by court.— 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) Burden of proof and third parties.— 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) Competition factors.— 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) Failure To Provide Information.— 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) Representation.— 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.

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1547; Pub. L. 115–282, title VII, § 710(a), Dec. 4, 2018, 132 Stat. 4297.)

Notes

Historical and Revision Notes RevisedSectionSource (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

Amendments2018—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 AmendmentPub. 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].”