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The fixing of rates led to many negative economic effects for the state.
This is why my group feels it is clear that the fixing of rates cannot be left entirely to the Member States' discretion.
If viewed as regulation of interstate commerce, fixing of rates by the state would interfere with federal authority, even in the absence of congressional action.
Subsidiary regulations lay down the rules for each element of the market organisation, such as the fixing of rates of special import duty or refunds.
Chief Justice Morrison Waite, in the majority, contended that fixing of rates was permissible but warned that confiscatory rates would constitute impermissible expropriation:
While much of the specific language relating to the SCC's fixing of rates of transportation and transmission companies was removed, the new constitution preserved the independence of the SCC.
