15 U.S.C. § 4015

Judicial review; admissibility

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(a) District court review of grants or denials; erroneous determination

If the Secretary grants or denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or modifies a certificate pursuant to section 4014(b) of this title, any person aggrieved by such determination may, within 30 days of the determination, bring an action in any appropriate district court of the United States to set aside the determination on the ground that such determination is erroneous.

(b) Exclusive provision for review

Except as provided in subsection (a), no action by the Secretary or the Attorney General pursuant to this subchapter shall be subject to judicial review.

If the Secretary denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or amends a certificate, neither the negative determination nor the statement of reasons therefor shall be admissible in evidence, in any administrative or judicial proceeding, in support of any claim under the antitrust laws.

(Pub. L. 97–290, title III, § 305, Oct. 8, 1982, 96 Stat. 1243.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.

Notes of Decisions

Cited in 2 cases, 1986–1987 · leading case: Horizons Int'l, Inc. v. Baldridge, 624 F. Supp. 1560 (E.D. Pa. 1986).

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Horizons Int'l, Inc. v. Baldridge, 624 F. Supp. 1560 (E.D. Pa. 1986). · cites it 3× “15 U.S.C.A. § 4015 (a)-(b). Defendants contend that subsection (b) limits judicial review to the scope of subsection (a).”

Horizons Int'l, Inc. v. Baldrige, 811 F.2d 154 (3rd Cir. 1987). · cites it 4× “” 15 U.S.C. § 4015 (a). In the instant case, the Secretary issued such a certificate to Chlor/Alkali Producers International (Chlor/Alkali), a joint venture comprising four major domestic manufacturers of caustic soda and chlorine.”

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