§ 3414. Enforcement
(a)
General rule
It shall be unlawful for any person to violate any provision of this chapter or any rule or order under this chapter.
(b)
Civil enforcement
(1)
In general
Except as provided in paragraph (2), whenever it appears to the Commission that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or of any rule or order thereunder, the Commission may bring an action in the District Court of the United States for the District of Columbia or any other appropriate district court of the United States to enjoin such act or practice and to enforce compliance with this chapter, or any rule or order thereunder.
(2)
Enforcement of emergency orders
Whenever it appears to the President that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of any order under section
3362 of this title or any order or supplemental order issued under section
3363 of this title, the President may bring a civil action in any appropriate district court of the United States to enjoin such acts or practices.
(4)
Relief available
In any action under paragraph (1) or (2), the court shall, upon a proper showing, issue a temporary restraining order or preliminary or permanent injunction without bond. In any such action, the court may also issue a mandatory injunction commanding any person to comply with any applicable provision of law, rule, or order, or ordering such other legal or equitable relief as the court determines appropriate, including refund or restitution.
(5)
Criminal referral
The Commission may transmit such evidence as may be available concerning any acts or practices constituting any possible violations of the Federal antitrust laws to the Attorney General who may institute appropriate criminal proceedings.
(6)
Civil penalties
(A)
In general
Any person who knowingly violates any provision of this chapter, or any provision of any rule or order under this chapter, shall be subject to—
(C)
Each day separate violation
For purposes of this paragraph, in the case of a continuing violation, each day of violation shall constitute a separate violation.
(D)
Statute of limitations
No person shall be subject to any civil penalty under this paragraph with respect to any violation occurring more than 3 years before the date on which such person is provided notice of the proposed penalty under subparagraph (E). The preceding sentence shall not apply in any case in which an untrue statement of material fact was made to the Commission or a State or Federal agency by, or acquiesced to by, the violator with respect to the acts or omissions constituting such violation, or if there was omitted a material fact necessary in order to make any statement made by, or acquiesced to by, the violator with respect to such acts or omissions not misleading in light of circumstances under such statement was made.
(E)
Assessed by Commission
Before assessing any civil penalty under this paragraph, the Commission shall provide to such person notice of the proposed penalty. Following receipt of notice of the proposed penalty by such person, the Commission shall, by order, asssess [1] such penalty.
(F)
Judicial review
If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (E), the Commission shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment.
(c)
Criminal penalties
(1)
Violations of chapter
Except in the case of violations covered under paragraph (3), any person who knowingly and willfully violates any provision of this chapter shall be subject to—
(2)
Violation of rules or orders generally
Except in the case of violations covered under paragraph (3), any person who knowingly and willfully violates any rule or order under this chapter (other than an order of the Commission assessing a civil penalty under subsection (b)(4)(E) of this section), shall be subject to a fine of not more than $50,000 for each day on which the offense occurs.
(4)
Each day separate violation
For purposes of this subsection, each day of violation shall constitute a separate violation.
[1] So in original. Probably should be “assess”.