Notes on monopolies and combinations in restraint of trade : US Code - Notes

Search Notes on monopolies and combinations in restraint of trade : US Code - Notes

Sec.
1. Trusts, etc., in restraint of trade illegal; penalty.
2. Monopolizing trade a felony; penalty.
3. Trusts in Territories or District of Columbia illegal;
combination a felony.
4. Jurisdiction of courts; duty of United States
attorneys; procedure.
5. Bringing in additional parties.
6. Forfeiture of property in transit.
6a. Conduct involving trade or commerce with foreign
nations.
7. "Person" or "persons" defined.
8. Trusts in restraint of import trade illegal; penalty.
9. Jurisdiction of courts; duty of United States
attorneys; procedure.
10. Bringing in additional parties.
11. Forfeiture of property in transit.
12. Definitions; short title.
13. Discrimination in price, services, or facilities.
(a) Price; selection of customers.
(b) Burden of rebutting prima-facie case of
discrimination.
(c) Payment or acceptance of commission, brokerage,
or other compensation.
(d) Payment for services or facilities for
processing or sale.
(e) Furnishing services or facilities for
processing, handling, etc.
(f) Knowingly inducing or receiving discriminatory
price.
13a. Discrimination in rebates, discounts, or advertising
service charges; underselling in particular
localities; penalties.
13b. Cooperative association; return of net earnings or
surplus.
13c. Exemption of non-profit institutions from price
discrimination provisions.
14. Sale, etc., on agreement not to use goods of
competitor.
15. Suits by persons injured.
(a) Amount of recovery; prejudgment interest.
(b) Amount of damages payable to foreign states and
instrumentalities of foreign states.
(c) Definitions.
15a. Suits by United States; amount of recovery;
prejudgment interest.
15b. Limitation of actions.
15c. Actions by State attorneys general.
(a) Parens patriae; monetary relief; damages;
prejudgment interest.
(b) Notice; exclusion election; final judgment.
(c) Dismissal or compromise of action.
(d) Attorneys' fees.
15d. Measurement of damages.
15e. Distribution of damages.
15f. Actions by Attorney General.
(a) Notification to State attorney general.
(b) Availability of files and other materials.
15g. Definitions.
15h. Applicability of parens patriae actions.
16. Judgments.
(a) Prima facie evidence; collateral estoppel.
(b) Consent judgments and competitive impact
statements; publication in Federal Register;
availability of copies to the public.
(c) Publication of summaries in newspapers.
(d) Consideration of public comments by Attorney
General and publication of response.
(e) Public interest determination.
(f) Procedure for public interest determination.
(g) Filing of written or oral communications with
the district court.
(h) Inadmissibility as evidence of proceedings
before the district court and the competitive
impact statement.
(i) Suspension of limitations.
17. Antitrust laws not applicable to labor organizations.
18. Acquisition by one corporation of stock of another.
18a. Premerger notification and waiting period.
(a) Filing.
(b) Waiting period; publication; voting securities.
(c) Exempt transactions.
(d) Commission rules.
(e) Additional information; waiting period
extensions.
(f) Preliminary injunctions; hearings.
(g) Civil penalty; compliance; power of court.
(h) Disclosure exemption.
(i) Construction with other laws.
(j) Omitted.
(k) Extensions of time.
19. Interlocking directorates and officers.
19a, 20. Repealed.
21. Enforcement provisions.
(a) Commission, Board, or Secretary authorized to
enforce compliance.
(b) Issuance of complaints for violations; hearing;
intervention; filing of testimony; report;
cease and desist orders; reopening and
alteration of reports or orders.
(c) Review of orders; jurisdiction; filing of
petition and record of proceeding;
conclusiveness of findings; additional
evidence; modification of findings; finality
of judgment and decree.
(d) Exclusive jurisdiction of Court of Appeals.
(e) Liability under antitrust laws.
(f) Service of complaints, orders and other
processes.
(g) Finality of orders generally.
(h) Finality of orders modified by Supreme Court.
(i) Finality of orders modified by Court of
Appeals.
(j) Finality of orders issued on rehearing ordered
by Court of Appeals or Supreme Court.
(k) "Mandate" defined.
(l) Penalties.
21a. Actions and proceedings pending prior to June 19,
1936; additional and continuing violations.
22. District in which to sue corporation.
23. Suits by United States; subpoenas for witnesses.
24. Liability of directors and agents of corporation.
25. Restraining violations; procedure.
26. Injunctive relief for private parties; exception;
costs.
26a. Restrictions on the purchase of gasohol and synthetic
motor fuel.
(a) Limitations on the use of credit instruments;
sales, resales, and transfers.
(b) Credit fees; equivalent conventional motor fuel
sales; labeling of pumps; product liability
disclaimers; advertising support; furnishing
facilities.
(c) "United States" defined.
26b. Application of antitrust laws to professional major
league baseball.
(a) Major league baseball subject to antitrust
laws.
(b) Limitation of section.
(c) Standing to sue.
(d) Conduct, acts, practices, or agreements subject
to antitrust laws.
27. Effect of partial invalidity.
27a. Transferred.
28. Repealed.
29. Appeals.
(a) Court of appeals; review by Supreme Court.
(b) Direct appeals to Supreme Court.
30 to 33. Repealed.
34. Definitions applicable to sections 34 to 36.
35. Recovery of damages, etc., for antitrust violations
from any local government, or official or employee
thereof acting in an official capacity.
(a) Prohibition in general.
(b) Preconditions for attachment of prohibition;
prima facie evidence for nonapplication of
prohibition.
36. Recovery of damages, etc., for antitrust violations on
claim against person based on official action
directed by local government, or official or employee
thereof acting in an official capacity.
(a) Prohibition in general.
(b) Nonapplication of prohibition for cases
commenced before effective date of provisions.
37. Immunity from antitrust laws.
(a) Inapplicability of antitrust laws.
(b) Immunity.
(c) Treatment of certain annuities and trusts.
(d) Limitation.
37a. Definitions.
37b. Confirmation of antitrust status of graduate medical
resident matching programs.
(a) Findings and purposes.
(b) Application of antitrust laws to graduate
medical education residency matching programs.
(c) Effective date.

HISTORICAL NOTE
This chapter includes among other statutory provisions the
Sherman Act, comprising sections 1 to 7 of this title, the Clayton
Act, comprising sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of
this title and sections 52 and 53 of Title 29, Labor, the Wilson
Tariff Act, comprising sections 8 and 9 of this title, the Robinson-
Patman Price Discrimination Act, comprising sections 13, 13a, 13b,
and 21a of this title, the "Expediting Act", sections 28 and 29 of
this title, and the "Hart-Scott-Rodino Antitrust Improvements Act
of 1976", comprising sections 15c to 15h, 18a, and 66 of this
title. For complete classification of the Hart-Scott-Rodino Act,
see Short Title note under section 1 of this title.

CONGRESSIONAL INVESTIGATION OF MONOPOLY
Joint Res. June 16, 1938, ch. 456, 52 Stat. 705, created a
Temporary National Economic Committee which was authorized to make
a full investigation on monopoly and the concentration of economic
power in and financial control over production and distribution of
goods and services. The time for submitting the final report under
Joint Res. June 16, 1938, ch. 456, 52 Stat. 705, as amended Apr.
26, 1939, ch. 104, Secs. 1, 2, 53 Stat. 624, was extended to Apr.
3, 1941, by Joint Res. Dec. 16, 1940, ch. 932, 54 Stat. 1225. The
committee's report was presented to Congress on Mar. 31, 1941, and
was published in Senate Document No. 35.


EXECUTIVE ORDER NO. 12022
Ex. Ord. No. 12022, Dec. 1, 1977, 42 F.R. 61441, as amended by
Ex. Ord. No. 12052, Apr. 7, 1978, 43 F.R. 15133, which related to
the National Commission for the Review of Antitrust Laws and
Procedures, was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46
F.R. 1251, set out as a note under section 14 of the Appendix to
Title 5, Government Organization and Employees.