Page:United States Statutes at Large Volume 54 Part 1.djvu/942

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

When person held "(6) For the purposes of this section a person shall be held to be t fer. dih affiliated with a carrier if, by reason of the relationship of such person to such carrier (whether by reason of the method of, or circumstances surrounding organization or operation, or whether established through common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or any other direct or indirect means), it is reasonable to believe that the affairs of any carrier of which control may be acquired by such person will be managed in the interest of such other carrier. Investigation of vio- "(7) The Commission is hereby authorized, upon complaint or upon lations. its own initiative without complaint, but after notice and hearing, to investigate and determine whether any person is violating the pro- Order to prevent visions of paragraph (4). If the Commission finds after such investi- continuance . . gation that such person is violating the provisions of such paragraph, it shall by order require such person to take such action as may be necessary, in the opinion of the Commission, to prevent continuance Provisions deemed of such violation. The provisions of this paragraph shall be in addi- additiona. ion to, and not in substitution for, any other enforcement provisions contained in this part; and with respect to any violation of para- graphs (2) to (12), inclusive, of this section, any penalty provision applying to such a violation by a common carrier subject to this part shall apply to such a violation by any other person. Jurisdiction of di "(8) The district courts of the United States shall have jurisdiction 'ts. upon the complaint of the Commission, alleging a violation of any of the provisions of this section or disobedience of any order issued by the Commission thereunder by any person, to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person from violation of such provision or to compel obedience to such order. Supplemental "(9) The Commission may from time to time, for good cause r der s. shown, make such orders, supplemental to any order made under paragraph (1), (2), or (7), as it may deem necessary or appropriate. Motor carriers, "(10) Nothing in this section shall be construed to require the merger control, etc. v . . b y . . approval or authorization of the Commission in the case of a trans- action within the scope of paragraph (2) where the only parties to pe, p. 919. the transaction are motor carriers subject to part II (but not includ- ing a motor carrier controlled by or affiliated with a carrier as defined Ante, p. s89. in section 1 (3)), and where the aggregate number of motor vehicles owned, leased, controlled, or operated by such parties, for purposes of transportation subject to part II, does not exceed twenty. Authority conferred "(11) The authority conferred by this section shall be exclusive dpeeey. nd and plenary, and any carrier or corporation participating in or resulting from any transaction approved by the Commission there- under, shall have full power (with the assent, in the case of a pur- chase and sale, a lease, a corporate consolidation, or a corporate merger, of a majority, unless a different vote is required under applicable State law, in which case the number so required shall assent, of the votes of the holders of the shares entitled to vote of the capital stock of such corporation at a regular meeting of such stockholders, the notice of such meeting to include such purpose, or at a special meeting thereof called for such purpose) to carry such transaction into effect and to own and operate any properties and exercise any control or franchises acquired through said transaction Whn orriiostr without invoking any approval under State authority; and any laws etc. carriers or other corporations, and their officers and employees and any other persons, participating in a transaction approved or authorized under the provisions of this section shall be and they are hereby relieved from the operation of the antitrust laws and of all other restraints, limitations, and prohibitions of law, Federal, State, or municipal, insofar as may be necessary to enable them to [54 STAT. 908 PUBLIC LAWS-CH. 722-SEPT. 18, 1940