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15 USC CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN

RESTRAINT OF TRADE 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

.

-HEAD-

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-MISC1-

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.

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.

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, Sec. 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.

-EXEC-

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.

-SECREF-

ANTITRUST ACTS AND LAWS DEFINED IN OTHER SECTIONS

Antitrust acts and laws are defined in sections 12, 44, 1311,

1802, 3301, 3503, 4002, 4021, 4301, 6211 of this title; title 10

section 7430; title 12 sections 1828, 1831u, 1841, 1849; title 16

section 2602; title 17 section 109; title 28 section 1407; title 30

sections 184, 1413; title 33 section 1502; title 40 section 559;

title 42 sections 5417, 5909, 6202, 8235f, 9102; title 43 sections

1331, 1770; title 45 section 791; title 46 App. section 1702; title

49 sections 10706, 41308; title 50 App. sections 1941a, 2158.

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15 USC Sec. 1 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 1. Trusts, etc., in restraint of trade illegal; penalty

-STATUTE-

Every contract, combination in the form of trust or otherwise, or

conspiracy, in restraint of trade or commerce among the several

States, or with foreign nations, is declared to be illegal. Every

person who shall make any contract or engage in any combination or

conspiracy hereby declared to be illegal shall be deemed guilty of

a felony, and, on conviction thereof, shall be punished by fine not

exceeding $10,000,000 if a corporation, or, if any other person,

$350,000, or by imprisonment not exceeding three years, or by both

said punishments, in the discretion of the court.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 1, 26 Stat. 209; Aug. 17, 1937, ch.

690, title VIII, 50 Stat. 693; July 7, 1955, ch. 281, 69 Stat. 282;

Pub. L. 93-528, Sec. 3, Dec. 21, 1974, 88 Stat. 1708; Pub. L.

94-145, Sec. 2, Dec. 12, 1975, 89 Stat. 801; Pub. L. 101-588, Sec.

4(a), Nov. 16, 1990, 104 Stat. 2880.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-588 substituted ''$10,000,000'' for ''one

million dollars'' and ''$350,000'' for ''one hundred thousand

dollars''.

1975 - Pub. L. 94-145 struck out from first sentence two provisos

granting anti-trust exemption to State fair trade laws.

1974 - Pub. L. 93-528 substituted ''a felony, and, on conviction

thereof, shall be punished by fine not exceeding one million

dollars if a corporation, or, if any other person, one hundred

thousand dollars, or by imprisonment not exceeding three years''

for ''a misdemeanor, and on conviction thereof, shall be punished

by fine not exceeding fifty thousand dollars, or by imprisonment

not exceeding one year''.

1955 - Act July 7, 1955, substituted ''fifty thousand dollars''

for ''five thousand dollars''.

1937 - Act Aug. 17, 1937, inserted two provisos.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-72, Sec. 4, Nov. 20, 2001, 115 Stat. 650, provided

that: ''This Act (enacting and amending provisions set out as notes

under this section) and the amendments made by this Act shall take

effect on September 30, 2001.''

EFFECTIVE DATE OF 1975 AMENDMENT

Section 4 of Pub. L. 94-145 provided that: ''The amendments made

by sections 2 and 3 of this Act (amending this section and section

45 of this title) shall take effect upon the expiration of the

ninety-day period which begins on the date of enactment of this Act

(Dec. 12, 1975).''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title IV, Sec. 14101, Nov. 2, 2002, 116

Stat. 1921, provided that: ''This title (amending sections 3, 12,

27, and 44 of this title, section 225 of Title 7, Agriculture,

section 1413 of Title 30, Mineral Lands and Mining, and section

2135 of Title 42, The Public Health and Welfare, repealing sections

30 and 31 of this title, enacting provisions set out as a note

under section 3 of this title, amending provisions set out as notes

under this section and section 8 of this title, and repealing

provisions set out as notes under section 15 of this title and

section 41309 of Title 49, Transportation) may be cited as the

'Antitrust Technical Corrections Act of 2002'.''

SHORT TITLE OF 2001 AMENDMENT

Pub. L. 107-72, Sec. 1, Nov. 20, 2001, 115 Stat. 648, provided

that: ''This Act (enacting and amending provisions set out as notes

under this section) may be cited as the 'Need-Based Educational Aid

Act of 2001'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-297, Sec. 1, Oct. 27, 1998, 112 Stat. 2824, provided

that: ''This Act (enacting section 26b of this title and provisions

set out as a note under section 26b of this title) may be cited as

the 'Curt Flood Act of 1998'.''

SHORT TITLE OF 1997 AMENDMENTS

Pub. L. 105-43, Sec. 1, Sept. 17, 1997, 111 Stat. 1140, provided

that: ''This Act (enacting and amending provisions set out as notes

below) may be cited as the 'Need-Based Educational Aid Antitrust

Protection Act of 1997'.''

Pub. L. 105-26, Sec. 1, July 3, 1997, 111 Stat. 241, provided

that: ''This Act (amending sections 37 and 37a of this title and

enacting provisions set out as notes under section 37 of this

title) may be cited as the 'Charitable Donation Antitrust Immunity

Act of 1997'.''

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-63, Sec. 1, Dec. 8, 1995, 109 Stat. 687, provided

that: ''This Act (enacting sections 37 and 37a of this title and

provisions set out as a note under section 37 of this title) may be

cited as the 'Charitable Gift Annuity Antitrust Relief Act of

1995'.''

SHORT TITLE OF 1990 AMENDMENT

Section 1 of Pub. L. 101-588 provided: ''That this Act (amending

this section and sections 2, 3, 15a, and 19 of this title and

repealing section 20 of this title) may be cited as the 'Antitrust

Amendments Act of 1990'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-544, Sec. 1, Oct. 24, 1984, 98 Stat. 2750, provided:

''That this Act (enacting sections 34 to 36 of this title and

provisions set out as a note under section 34 of this title) may be

cited as the 'Local Government Antitrust Act of 1984'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-290, title IV, Sec. 401, Oct. 8, 1982, 96 Stat. 1246,

provided that: ''This title (enacting section 6a of this title and

amending section 45 of this title) may be cited as the 'Foreign

Trade Antitrust Improvements Act of 1982'.''

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-493, Sec. 1, Dec. 2, 1980, 94 Stat. 2568, provided:

''That this Act (enacting section 26a of this title) may be cited

as the 'Gasohol Competition Act of 1980'.''

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-435, Sept. 30, 1976, 90 Stat. 1383,

provided: ''That this Act (enacting sections 15c to 15h, 18a, and

66 of this title, amending sections 12, 15b, 16, 26, and 1311 to

1314 of this title, section 1505 of Title 18, Crimes and Criminal

Procedure, and section 1407 of Title 28, Judiciary and Judicial

Procedure, and enacting provisions set out as notes under sections

8, 15c, 18a, and 1311 of this title) may be cited as the

'Hart-Scott-Rodino Antitrust Improvements Act of 1976'.''

SHORT TITLE OF 1975 AMENDMENT

Section 1 of Pub. L. 94-145 provided: ''That this Act (amending

this section and section 45 of this title and enacting provisions

set out as a note under this section) may be cited as the 'Consumer

Goods Pricing Act of 1975'.''

SHORT TITLE OF 1974 AMENDMENT

Section 1 of Pub. L. 93-528 provided: ''That this Act (amending

this section and section 2, 3, 16, 28, and 29 of this title,

section 401 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs, and sections 43, 44, and 45 of former Title 49,

Transportation, and enacting provisions set out as notes under this

section and section 29 of this title) may be cited as the

'Antitrust Procedures and Penalties Act'.''

SHORT TITLE

Pub. L. 94-435, title III, Sec. 305(a), Sept. 30, 1976, 90 Stat.

1397, added immediately following the enacting clause of act July

2, 1890, the following: ''That this Act (this section and sections

2 to 7 of this title) may be cited as the 'Sherman Act'.''

ANTITRUST MODERNIZATION COMMISSION

Pub. L. 107-273, div. C, title I, subtitle D, Nov. 2, 2002, 116

Stat. 1856, provided that:

''SEC. 11051. SHORT TITLE.

''This subtitle may be cited as the 'Antitrust Modernization

Commission Act of 2002'.

''SEC. 11052. ESTABLISHMENT.

''There is established the Antitrust Modernization Commission (in

this subtitle referred to as the 'Commission').

''SEC. 11053. DUTIES OF THE COMMISSION.

''The duties of the Commission are -

''(1) to examine whether the need exists to modernize the

antitrust laws and to identify and study related issues;

''(2) to solicit views of all parties concerned with the

operation of the antitrust laws;

''(3) to evaluate the advisability of proposals and current

arrangements with respect to any issues so identified; and

''(4) to prepare and to submit to Congress and the President a

report in accordance with section 11058.

''SEC. 11054. MEMBERSHIP.

''(a) Number and Appointment. - The Commission shall be composed

of 12 members appointed as follows:

''(1) Four members, no more than 2 of whom shall be of the same

political party, shall be appointed by the President. The

President shall appoint members of the opposing party only on the

recommendation of the leaders of Congress from that party.

''(2) Two members shall be appointed by the majority leader of

the Senate.

''(3) Two members shall be appointed by the minority leader of

the Senate.

''(4) Two members shall be appointed by the Speaker of the

House of Representatives.

''(5) Two members shall be appointed by the minority leader of

the House of Representatives.

''(b) Ineligibility for Appointment. - Members of Congress shall

be ineligible for appointment to the Commission.

''(c) Term of Appointment. -

''(1) In general. - Subject to paragraph (2), members of the

Commission shall be appointed for the life of the Commission.

''(2) Early termination of appointment. - If a member of the

Commission who is appointed to the Commission as -

''(A) an officer or employee of a government ceases to be an

officer or employee of such government; or

''(B) an individual who is not an officer or employee of a

government becomes an officer or employee of a government;

then such member shall cease to be a member of the Commission on

the expiration of the 90-day period beginning on the date such

member ceases to be such officer or employee of such government, or

becomes an officer or employee of a government, as the case may be.

''(d) Quorum. - Seven members of the Commission shall constitute

a quorum, but a lesser number may conduct meetings.

''(e) Appointment Deadline. - Initial appointments under

subsection (a) shall be made not later than 60 days after the date

of enactment of this Act (Nov. 2, 2002).

''(f) Meetings. - The Commission shall meet at the call of the

chairperson. The first meeting of the Commission shall be held not

later than 30 days after the date on which all members of the

Commission are first appointed under subsection (a) or funds are

appropriated to carry out this subtitle, whichever occurs later.

''(g) Vacancy. - A vacancy on the Commission shall be filled in

the same manner as the initial appointment is made.

''(h) Consultation Before Appointment. - Before appointing

members of the Commission, the President, the majority and minority

leaders of the Senate, the Speaker of the House of Representatives,

and the minority leader of the House of Representatives shall

consult with each other to ensure fair and equitable representation

of various points of view in the Commission.

''(i) Chairperson; Vice Chairperson. - The President shall select

the chairperson of the Commission from among its appointed

members. The leaders of Congress from the opposing party of the

President shall select the vice chairperson of the Commission from

among its remaining members.

''SEC. 11055. COMPENSATION OF THE COMMISSION.

''(a) Pay. -

''(1) Nongovernment employees. - Each member of the Commission

who is not otherwise employed by a government shall be entitled

to receive the daily equivalent of the annual rate of basic pay

payable for level IV of the Executive Schedule under section 5315

of title 5 United States Code, as in effect from time to time,

for each day (including travel time) during which such member is

engaged in the actual performance of duties of the Commission.

''(2) Government employees. - A member of the Commission who is

an officer or employee of a government shall serve without

additional pay (or benefits in the nature of compensation) for

service as a member of the Commission.

''(b) Travel Expenses. - Members of the Commission shall receive

travel expenses, including per diem in lieu of subsistence, in

accordance with subchapter I of chapter 57 of title 5, United

States Code.

''SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

''(a) Staff. -

''(1) Appointment. - The chairperson of the Commission may,

without regard to the provisions of chapter 51 of title 5 of the

United States Code (relating to appointments in the competitive

service), appoint and terminate an executive director and such

other staff as are necessary to enable the Commission to perform

its duties. The appointment of an executive director shall be

subject to approval by the Commission.

''(2) Compensation. - The chairperson of the Commission may fix

the compensation of the executive director and other staff

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of title 5 of the United States Code (relating to

classification of positions and General Schedule pay rates),

except that the rate of pay for the executive director and other

staff may not exceed the rate of basic pay payable for level V of

the Executive Schedule under section 5315 of title 5 United

States Code, as in effect from time to time.

''(b) Experts and Consultants. - The Commission may procure

temporary and intermittent services of experts and consultants in

accordance with section 3109(b) of title 5, United States Code.

''SEC. 11057. POWERS OF THE COMMISSION.

''(a) Hearings and Meetings. - The Commission, or a member of the

Commission if authorized by the Commission, may hold such hearings,

sit and act at such time and places, take such testimony, and

receive such evidence, as the Commission considers to be

appropriate. The Commission or a member of the Commission may

administer oaths or affirmations to witnesses appearing before the

Commission or such member.

''(b) Official Data. - The Commission may obtain directly from

any executive agency (as defined in section 105 of title 5 of the

United States Code) or court information necessary to enable it to

carry out its duties under this subtitle. On the request of the

chairperson of the Commission, and consistent with any other law,

the head of an executive agency or of a Federal court shall provide

such information to the Commission.

''(c) Facilities and Support Services. - The Administrator of

General Services shall provide to the Commission on a reimbursable

basis such facilities and support services as the Commission may

request. On request of the Commission, the head of an executive

agency may make any of the facilities or services of such agency

available to the Commission, on a reimbursable or nonreimbursable

basis, to assist the Commission in carrying out its duties under

this subtitle.

''(d) Expenditures and Contracts. - The Commission or, on

authorization of the Commission, a member of the Commission may

make expenditures and enter into contracts for the procurement of

such supplies, services, and property as the Commission or such

member considers to be appropriate for the purpose of carrying out

the duties of the Commission. Such expenditures and contracts may

be made only to such extent or in such amounts as are provided in

advance in appropriation Acts.

''(e) Mails. - The Commission may use the United States mails in

the same manner and under the same conditions as other departments

and agencies of the United States.

''(f) Gifts, Bequests, and Devises. - The Commission may accept,

use, and dispose of gifts, bequests, or devises of services or

property, both real and personal, for the purpose of aiding or

facilitating the work of the Commission. Gifts, bequests, or

devises of money and proceeds from sales of other property received

as gifts, bequests, or devises shall be deposited in the Treasury

and shall be available for disbursement upon order of the

Commission.

''SEC. 11058. REPORT.

''Not later than 3 years after the first meeting of the

Commission, the Commission shall submit to Congress and the

President a report containing a detailed statement of the findings

and conclusions of the Commission, together with recommendations

for legislative or administrative action the Commission considers

to be appropriate.

''SEC. 11059. TERMINATION OF COMMISSION.

''The Commission shall cease to exist 30 days after the date on

which the report required by section 8 (11058) is submitted.

''SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.

''There is authorized to be appropriated $4,000,000 to carry out

this subtitle.''

YEAR 2000 INFORMATION AND READINESS DISCLOSURE

Pub. L. 105-271, Oct. 19, 1998, 112 Stat. 2386, as amended by

Pub. L. 107-273, div. C, title IV, Sec. 14102(e), Nov. 2, 2002,

116 Stat. 1922, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Year 2000 Information and

Readiness Disclosure Act'.

''SEC. 2. FINDINGS AND PURPOSES.

''(a) Findings. - Congress finds the following:

''(1)(A) At least thousands but possibly millions of

information technology computer systems, software programs, and

semiconductors are not capable of recognizing certain dates in

1999 and after December 31, 1999, and will read dates in the year

2000 and thereafter as if those dates represent the year 1900 or

thereafter or will fail to process those dates.

''(B) The problem described in subparagraph (A) and resulting

failures could incapacitate systems that are essential to the

functioning of markets, commerce, consumer products, utilities,

government, and safety and defense systems, in the United States

and throughout the world.

''(C) Reprogramming or replacing affected systems before the

problem incapacitates essential systems is a matter of national

and global interest.

''(2) The prompt, candid, and thorough disclosure and exchange

of information related to year 2000 readiness of entities,

products, and services -

''(A) would greatly enhance the ability of public and private

entities to improve their year 2000 readiness; and

''(B) is therefore a matter of national importance and a

vital factor in minimizing any potential year 2000 related

disruption to the Nation's economic well-being and security.

''(3) Concern about the potential for legal liability

associated with the disclosure and exchange of year 2000

readiness information is impeding the disclosure and exchange of

such information.

''(4) The capability to freely disseminate and exchange

information relating to year 2000 readiness, solutions, test

practices and test results, with the public and other entities

without undue concern about litigation is critical to the ability

of public and private entities to address year 2000 needs in a

timely manner.

''(5) The national interest will be served by uniform legal

standards in connection with the disclosure and exchange of year

2000 readiness information that will promote disclosures and

exchanges of such information in a timely fashion.

''(b) Purposes. - Based upon the powers contained in article I,

section 8, clause 3 of the Constitution of the United States, the

purposes of this Act are -

''(1) to promote the free disclosure and exchange of

information related to year 2000 readiness;

''(2) to assist consumers, small businesses, and local

governments in effectively and rapidly responding to year 2000

problems; and

''(3) to lessen burdens on interstate commerce by establishing

certain uniform legal principles in connection with the

disclosure and exchange of information related to year 2000

readiness.

''SEC. 3. DEFINITIONS.

''In this Act:

''(1) Antitrust laws. - The term 'antitrust laws' -

''(A) has the meaning given to it in subsection (a) of the

first section of the Clayton Act (15 U.S.C. 12(a)), except that

such term includes section 5 of the Federal Trade Commission

Act (15 U.S.C. 45) to the extent such section 5 applies to

unfair methods of competition; and

''(B) includes any State law similar to the laws referred to

in subparagraph (A).

''(2) Consumer. - The term 'consumer' means an individual who

acquires a consumer product for purposes other than resale.

''(3) Consumer product. - The term 'consumer product' means any

personal property or service which is normally used for personal,

family, or household purposes.

''(4) Covered action. - The term 'covered action' means a civil

action of any kind, whether arising under Federal or State law,

except for an action brought by a Federal, State, or other public

entity, agency, or authority acting in a regulatory, supervisory,

or enforcement capacity.

''(5) Maker. - The term 'maker' means each person or entity,

including the United States or a State or political subdivision

thereof, that -

''(A) issues or publishes any year 2000 statement;

''(B) develops or prepares any year 2000 statement; or

''(C) assists in, contributes to, or reviews, reports or

comments on during, or approves, or otherwise takes part in the

preparing, developing, issuing, approving, or publishing of any

year 2000 statement.

''(6) Republication. - The term 'republication' means any

repetition, in whole or in part, of a year 2000 statement

originally made by another.

''(7) Year 2000 internet website. - The term 'year 2000

Internet website' means an Internet website or other similar

electronically accessible service, clearly designated on the

website or service by the person or entity creating or

controlling the content of the website or service as an area

where year 2000 statements concerning that person or entity are

posted or otherwise made accessible to the general public.

''(8) Year 2000 processing. - The term 'year 2000 processing'

means the processing (including calculating, comparing,

sequencing, displaying, or storing), transmitting, or receiving

of date data from, into, and between the 20th and 21st centuries,

and during the years 1999 and 2000, and leap year calculations.

''(9) Year 2000 readiness disclosure. - The term 'year 2000

readiness disclosure' means any written year 2000 statement -

''(A) clearly identified on its face as a year 2000 readiness

disclosure;

''(B) inscribed on a tangible medium or stored in an

electronic or other medium and retrievable in perceivable form;

and

''(C) issued or published by or with the approval of a person

or entity with respect to year 2000 processing of that person

or entity or of products or services offered by that person or

entity.

''(10) Year 2000 remediation product or service. - The term

'year 2000 remediation product or service' means a software

program or service licensed, sold, or rendered by a person or

entity and specifically designed to detect or correct year 2000

processing problems with respect to systems, products, or

services manufactured or rendered by another person or entity.

''(11) Year 2000 statement. -

''(A) In general. - The term 'year 2000 statement' means any

communication or other conveyance of information by a party to

another or to the public, in any form or medium -

''(i) concerning an assessment, projection, or estimate

concerning year 2000 processing capabilities of an entity,

product, service, or set of products and services;

''(ii) concerning plans, objectives, or timetables for

implementing or verifying the year 2000 processing

capabilities of an entity, product, service, or set of

products and services;

''(iii) concerning test plans, test dates, test results, or

operational problems or solutions related to year 2000

processing by -

''(I) products; or

''(II) services that incorporate or utilize products; or

''(iv) reviewing, commenting on, or otherwise directly or

indirectly relating to year 2000 processing capabilities.

''(B) Not included. - For the purposes of any action brought

under the securities laws, as that term is defined in section

3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C.

78c(a)(47)), the term 'year 2000 statement' does not include

statements contained in any documents or materials filed with

the Securities and Exchange Commission, or with Federal banking

regulators, pursuant to section 12(i) of the Securities

Exchange Act of 1934 (15 U.S.C. 781(i) (78l(i))), or

disclosures or writing that when made accompanied the

solicitation of an offer or sale of securities.

''SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.

''(a) Evidence Exclusion. - No year 2000 readiness disclosure, in

whole or in part, shall be admissible against the maker of that

disclosure to prove the accuracy or truth of any year 2000

statement set forth in that disclosure, in any covered action

brought by another party except that -

''(1) a year 2000 readiness disclosure may be admissible to

serve as the basis for a claim for anticipatory breach, or

repudiation of a contract, or a similar claim against the maker,

to the extent provided by applicable law; and

''(2) the court in any covered action shall have discretion to

limit application of this subsection in any case in which the

court determines that the maker's use of the year 2000 readiness

disclosure amounts to bad faith or fraud, or is otherwise beyond

what is reasonable to achieve the purposes of this Act.

''(b) False, Misleading and Inaccurate Year 2000 Statements. -

Except as provided in subsection (c), in any covered action, to the

extent that such action is based on an allegedly false, inaccurate,

or misleading year 2000 statement, the maker of that year 2000

statement shall not be liable under Federal or State law with

respect to that year 2000 statement unless the claimant

establishes, in addition to all other requisite elements of the

applicable action, by clear and convincing evidence, that -

''(1) the year 2000 statement was material; and

''(2)(A) to the extent the year 2000 statement was not a

republication, that the maker made the year 2000 statement -

''(i) with actual knowledge that the year 2000 statement was

false, inaccurate, or misleading;

''(ii) with intent to deceive or mislead; or

''(iii) with a reckless disregard as to the accuracy of the

year 2000 statement; or

''(B) to the extent the year 2000 statement was a

republication, that the maker of the republication made the year

2000 statement -

''(i) with actual knowledge that the year 2000 statement was

false, inaccurate, or misleading;

''(ii) with intent to deceive or mislead; or

''(iii) without notice in that year 2000 statement that -

''(I) the maker has not verified the contents of the

republication; or

''(II) the maker is not the source of the republication and

the republication is based on information supplied by another

person or entity identified in that year 2000 statement or

republication.

''(c) Defamation or Similar Claims. - In a covered action arising

under any Federal or State law of defamation, trade disparagement,

or a similar claim, to the extent such action is based on an

allegedly false, inaccurate, or misleading year 2000 statement, the

maker of that year 2000 statement shall not be liable with respect

to that year 2000 statement, unless the claimant establishes by

clear and convincing evidence, in addition to all other requisite

elements of the applicable action, that the year 2000 statement was

made with knowledge that the year 2000 statement was false or made

with reckless disregard as to its truth or falsity.

''(d) Year 2000 Internet Website. -

''(1) In general. - Except as provided in paragraph (2), in any

covered action other than a covered action involving personal

injury or serious physical damage to property, in which the

adequacy of notice about year 2000 processing is at issue, the

posting, in a commercially reasonable manner and for a

commercially reasonable duration, of a notice by the entity

charged with giving such notice on the year 2000 Internet website

of that entity shall be deemed an adequate mechanism for

providing that notice.

''(2) Exception. - Paragraph (1) shall not apply if the court

finds that the use of the mechanism of notice -

''(A) is contrary to express prior representations regarding

the mechanism of notice made by the party giving notice;

''(B) is materially inconsistent with the regular course of

dealing between the parties; or

''(C) occurs where there have been no prior representations

regarding the mechanism of notice, no regular course of dealing

exists between the parties, and actual notice is clearly the

most commercially reasonable means of providing notice.

''(3) Construction. - Nothing in this subsection shall -

''(A) alter or amend any Federal or State statute or

regulation requiring that notice about year 2000 processing be

provided using a different mechanism;

''(B) create a duty to provide notice about year 2000

processing;

''(C) preclude or suggest the use of any other medium for

notice about year 2000 processing or require the use of an

Internet website; or

''(D) mandate the content or timing of any notices about year

2000 processing.

''(e) Limitation on Effect of Year 2000 Statements. -

''(1) In general. - In any covered action, a year 2000

statement shall not be interpreted or construed as an amendment

to or alteration of a contract or warranty, whether entered into

by or approved for a public or private entity.

''(2) Not applicable. -

''(A) In general. - This subsection shall not apply -

''(i) to the extent the party whose year 2000 statement is

alleged to have amended or altered a contract or warranty has

otherwise agreed in writing to so alter or amend the contract

or warranty;

''(ii) to a year 2000 statement made in conjunction with

the formation of the contract or warranty; or

''(iii) if the contract or warranty specifically provides

for its amendment or alteration through the making of a year

2000 statement.

''(B) Rule of construction. - Nothing in this subsection

shall affect applicable Federal or State law in effect as of

the date of enactment of this Act (Oct. 19, 1998) with respect

to determining the extent to which a year 2000 statement

affects a contract or warranty.

''(f) Special Data Gathering. -

''(1) In general. - A Federal entity, agency, or authority may

expressly designate a request for the voluntary provision of

information relating to year 2000 processing, including year 2000

statements, as a special year 2000 data gathering request made

pursuant to this subsection.

''(2) Specifics. - A special year 2000 data gathering request

made under this subsection shall specify a Federal entity,

agency, or authority, or, with its consent, another public or

private entity, agency, or authority, to gather responses to the

request.

''(3) Protections. - Except with the express consent or

permission of the provider of information described in paragraph

(1), any year 2000 statements or other such information provided

by a party in response to a special year 2000 data gathering

request made under this subsection -

''(A) shall be exempt from disclosure under subsection (b)(4)

of section 552 of title 5, United States Code, commonly known

as the 'Freedom of Information Act';

''(B) shall not be disclosed to any third party; and

''(C) may not be used by any Federal entity, agency, or

authority or by any third party, directly or indirectly, in any

civil action arising under any Federal or State law.

''(4) Exceptions. -

''(A) Information obtained elsewhere. - Nothing in this

subsection shall preclude a Federal entity, agency, or

authority, or any third party, from separately obtaining the

information submitted in response to a request under this

subsection through the use of independent legal authorities,

and using such separately obtained information in any action.

''(B) Voluntary disclosure. - A restriction on use or

disclosure of information under this subsection shall not apply

to any information disclosed to the public with the express

consent of the party responding to a special year 2000 data

gathering request or disclosed by such party separately from a

response to a special year 2000 data gathering request.

''SEC. 5. TEMPORARY ANTITRUST EXEMPTION.

''(a) Exemption. - Except as provided in subsection (b), the

antitrust laws shall not apply to conduct engaged in, including

making and implementing an agreement, solely for the purpose of and

limited to -

''(1) facilitating responses intended to correct or avoid a

failure of year 2000 processing in a computer system, in a

component of a computer system, in a computer program or

software, or services utilizing any such system, component,

program, or hardware; or

''(2) communicating or disclosing information to help correct

or avoid the effects of year 2000 processing failure.

''(b) Applicability. - Subsection (a) shall apply only to conduct

that occurs, or an agreement that is made and implemented, after

the date of enactment of this Act (Oct. 19, 1998) and before July

14, 2001.

''(c) Exception to Exemption. - Subsection (a) shall not apply

with respect to conduct that involves or results in an agreement to

boycott any person, to allocate a market, or to fix prices or

output.

''(d) Rule of Construction. - The exemption granted by this

section shall be construed narrowly.

''SEC. 6. EXCLUSIONS.

''(a) Effect on Information Disclosure. - This Act does not

affect, abrogate, amend, or alter the authority of a Federal or

State entity, agency, or authority to enforce a requirement to

provide or disclose, or not to provide or disclose, information

under a Federal or State statute or regulation or to enforce such

statute or regulation.

''(b) Contracts and Other Claims. -

''(1) In general. - Except as may be otherwise provided in

subsections (a) and (e) of section 4, this Act does not affect,

abrogate, amend, or alter any right established by contract or

tariff between any person or entity, whether entered into by a

public or private person or entity, under any Federal or State

law.

''(2) Other claims. -

''(A) In general. - In any covered action brought by a

consumer, this Act does not apply to a year 2000 statement

expressly made in a solicitation, including an advertisement or

offer to sell, to that consumer by a seller, manufacturer, or

provider of a consumer product.

''(B) Specific notice required. - In any covered action, this

Act shall not apply to a year 2000 statement, concerning a year

2000 remediation product or service, expressly made in an offer

to sell or in a solicitation (including an advertisement) by a

seller, manufacturer, or provider, of that product or service

unless, during the course of the offer or solicitation, the

party making the offer or solicitation provides the following

notice in accordance with section 4(d):

'' 'Statements made to you in the course of this sale are

subject to the Year 2000 Information and Readiness Disclosure

Act (_ _ U.S.C. _ _). In the case of a dispute, this Act may

reduce your legal rights regarding the use of any such

statements, unless otherwise specified by your contract or

tariff.'

''(3) Rule of construction. - Nothing in this Act shall be

construed to preclude any claims that are not based exclusively

on year 2000 statements.

''(c) Duty or Standard of Care. -

''(1) In general. - This Act shall not impose upon the maker of

any year 2000 statement any more stringent obligation, duty, or

standard of care than is otherwise applicable under any other

Federal law or State law.

''(2) Additional disclosure. - This Act does not preclude any

party from making or providing any additional disclosure,

disclaimer, or similar provisions in connection with any year

2000 readiness disclosure or year 2000 statement.

''(3) Duty of care. - This Act shall not be deemed to alter any

standard or duty of care owed by a fiduciary, as defined or

determined by applicable Federal or State law.

''(d) Intellectual Property Rights. - This Act does not affect,

abrogate, amend, or alter any right in a patent, copyright,

semiconductor mask work, trade secret, trade name, trademark, or

service mark, under any Federal or State law.

''(e) Injunctive Relief. - Nothing in this Act shall be deemed to

preclude a claimant from seeking injunctive relief with respect to

a year 2000 statement.

''SEC. 7. APPLICABILITY.

''(a) Effective Date. -

''(1) In general. - Except as otherwise provided in this

section, this Act shall become effective on the date of enactment

of this Act (Oct. 19, 1998).

''(2) Application to lawsuits pending. - This Act shall not

affect or apply to any lawsuit pending on July 14, 1998.

''(3) Application to statements and disclosures. - Except as

provided in subsection (b) -

''(A) this Act shall apply to any year 2000 statement made

beginning on July 14, 1998 and ending on July 14, 2001; and

''(B) this Act shall apply to any year 2000 readiness

disclosure made beginning on the date of enactment of this Act

and ending on July 14, 2001.

''(b) Previously Made Readiness Disclosure. -

''(1) In general. - For the purposes of section 4(a), a person

or entity that issued or published a year 2000 statement after

January 1, 1996, and before the date of enactment of this Act

(Oct. 19, 1998), may designate that year 2000 statement as a year

2000 readiness disclosure if -

''(A) the year 2000 statement complied with the requirements

of section 3(9) when made, other than being clearly designated

on its face as a disclosure; and

''(B) within 45 days after the date of enactment of this Act,

the person or entity seeking the designation -

''(i) provides individual notice that meets the

requirements of paragraph (2) to all recipients of the

applicable year 2000 statement; or

''(ii) prominently posts notice that meets the requirements

of paragraph (2) on its year 2000 Internet website,

commencing prior to the end of the 45-day period under this

subparagraph and extending for a minimum of 45 consecutive

days and also uses the same method of notification used to

originally provide the applicable year 2000 statement.

''(2) Requirements. - A notice under paragraph (1)(B) shall -

''(A) state that the year 2000 statement that is the subject

of the notice is being designated a year 2000 readiness

disclosure; and

''(B) include a copy of the year 2000 statement with a legend

labeling the statement as a 'Year 2000 Readiness Disclosure'.

''(c) Exception. - No designation of a year 2000 statement as a

year 2000 readiness disclosure under subsection (b) shall apply

with respect to any person or entity that -

''(1) proves, by clear and convincing evidence, that it relied

on the year 2000 statement prior to the receipt of notice

described in subsection (b)(1)(B) and it would be prejudiced by

the retroactive designation of the year 2000 statement as a year

2000 readiness disclosure; and

''(2) provides to the person or entity seeking the designation

a written notice objecting to the designation within 45 days

after receipt of individual notice under subsection (b)(1)(B)(i),

or within 180 days after the date of enactment of this Act (Oct.

19, 1998), in the case of notice provided under subsection

(b)(1)(B)(ii).

''SEC. 8. YEAR 2000 COUNCIL WORKING GROUPS.

''(a) In General. -

''(1) Working groups. - The President's Year 2000 Council

(referred to in this section as the 'Council') may establish and

terminate working groups composed of Federal employees who will

engage outside organizations in discussions to address the year

2000 problems identified in section 2(a)(1) to share information

related to year 2000 readiness, and otherwise to serve the

purposes of this Act.

''(2) List of groups. - The Council shall maintain and make

available to the public a printed and electronic list of the

working groups, the members of each working group, and a point of

contact, together with an address, telephone number, and

electronic mail address for the point of contact, for each

working group created under this section.

''(3) Balance. - The Council shall seek to achieve a balance of

participation and representation among the working groups.

''(4) Attendance. - The Council shall maintain and make

available to the public a printed and electronic list of working

group members who attend each meeting of a working group as well

as any other individuals or organizations participating in each

meeting.

''(5) Meetings. - Each meeting of a working group shall be

announced in advance in accordance with procedures established by

the Council. The Council shall encourage working groups to hold

meetings open to the public to the extent feasible and consistent

with the activities of the Council and the purposes of this Act.

''(b) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply to the working groups established under this

section.

''(c) Private Right of Action. - This section creates no private

right of action to sue for enforcement of the provisions of this

section.

''(d) Expiration. - The authority conferred by this section shall

expire on December 31, 2000.

''SEC. 9. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.

''(a) National Website. -

''(1) In general. - The Administrator of General Services shall

create and maintain until July 14, 2002, a national year 2000

website, and promote its availability, designed to assist

consumers, small business, and local governments in obtaining

information from other governmental websites, hotlines, or

information clearinghouses about year 2000 processing of

computers, systems, products, and services, including websites

maintained by independent agencies and other departments.

''(2) Consultation. - In creating the national year 2000

website, the Administrator of General Services shall consult with

-

''(A) the Director of the Office of Management and Budget;

''(B) the Administrator of the Small Business Administration;

''(C) the Consumer Product Safety Commission;

''(D) officials of State and local governments;

''(E) the Director of the National Institute of Standards and

Technology;

''(F) representatives of consumer and industry groups; and

''(G) representatives of other entities, as determined

appropriate.

''(b) Report. - The Administrator of General Services shall

submit a report to the Committees on the Judiciary of the Senate

and the House of Representatives and the Committee on Governmental

Affairs of the Senate and the Committee on Government Reform and

Oversight of the House of Representatives (now Committee on

Government Reform of House of Representatives) not later than 60

days after the date of enactment of this Act (Oct. 19, 1998)

regarding planning to comply with the requirements of this

section.''

APPLICATION OF ANTITRUST LAWS TO AWARD OF NEED-BASED EDUCATIONAL

AID

Pub. L. 107-72, Sec. 3, Nov. 20, 2001, 115 Stat. 648, provided

that:

''(a) Study. -

''(1) In general. - The Comptroller General shall conduct a

study of the effect of the antitrust exemption on institutional

student aid under section 568 of the Improving America's Schools

Act of 1994 (15 U.S.C. 1 note) (Pub. L. 103-382, see below).

''(2) Consultation. - The Comptroller General shall have final

authority to determine the content of the study under paragraph

(1), but in determining the content of the study, the Comptroller

General shall consult with -

''(A) the institutions of higher education participating

under the antitrust exemption under section 568 of the

Improving America's Schools Act of 1994 (15 U.S.C. 1 note)

(referred to in this Act (see Short Title of 2001 Amendment

note above) as the 'participating institutions');

''(B) the Antitrust Division of the Department of Justice;

and

''(C) other persons that the Comptroller General determines

are appropriate.

''(3) Matters studied. -

''(A) In general. - The study under paragraph (1) shall -

''(i) examine the needs analysis methodologies used by

participating institutions;

''(ii) identify trends in undergraduate costs of attendance

and institutional undergraduate grant aid among participating

institutions, including -

''(I) the percentage of first-year students receiving

institutional grant aid;

''(II) the mean and median grant eligibility and institutional

grant aid to first-year students; and

''(III) the mean and median parental and student contributions to

undergraduate costs of attendance for first year students

receiving institutional grant aid;

''(iii) to the extent useful in determining the effect of

the antitrust exemption under section 568 of the Improving

America's Schools Act of 1994 (15 U.S.C. 1 note), examine -

''(I) comparison data, identified in clauses (i) and (ii), from

institutions of higher education that do not participate

under the antitrust exemption under section 568 of the

Improving America's Schools Act of 1994 (15 U.S.C. 1 note);

and

''(II) other baseline trend data from national benchmarks; and

''(iv) examine any other issues that the Comptroller

General determines are appropriate, including other types of

aid affected by section 568 of the Improving America's

Schools Act of 1994 (15 U.S.C. 1 note).

''(B) Assessment. -

''(i) In general. - The study under paragraph (1) shall

assess what effect the antitrust exemption on institutional

student aid has had on institutional undergraduate grant aid

and parental contribution to undergraduate costs of

attendance.

''(ii) Changes over time. - The assessment under clause (i)

shall consider any changes in institutional undergraduate

grant aid and parental contribution to undergraduate costs of

attendance over time for institutions of higher education,

including consideration of -

''(I) the time period prior to adoption of the consensus

methodologies at participating institutions; and

''(II) the data examined pursuant to subparagraph (A)(iii).

''(b) Report. -

''(1) In general. - Not later than September 30, 2006, the

Comptroller General shall submit a report to the Committee on the

Judiciary of the Senate and the Committee on the Judiciary of the

House of Representatives that contains the findings and

conclusions of the Comptroller General regarding the matters

studied under subsection (a).

''(2) Identifying individual institutions. - The Comptroller

General shall not identify an individual institution of higher

education in information submitted in the report under paragraph

(1) unless the information on the institution is available to the

public.

''(c) Recordkeeping Requirement. -

''(1) In general. - For the purpose of completing the study

under subsection (a)(1), a participating institution shall -

''(A) collect and maintain for each academic year until the

study under subsection (a)(1) is completed -

''(i) student-level data that is sufficient, in the

judgment of the Comptroller General, to permit the analysis

of expected family contributions, identified need, and

undergraduate grant aid awards; and

''(ii) information on formulas used by the institution to

determine need; and

''(B) submit the data and information under paragraph (1) to

the Comptroller General at such time as the Comptroller General

may reasonably require.

''(2) Non-participating institutions. - Nothing in this

subsection shall be construed to require an institution of higher

education that does not participate under the antitrust exemption

under section 568 of the Improving America's Schools Act of 1994

(15 U.S.C. 1 note) to collect and maintain data under this

subsection.''

Pub. L. 103-382, title V, Sec. 568(a)-(d), Oct. 20, 1994, 108

Stat. 4060, 4061, as amended by Pub. L. 105-43, Sec. 2(a), Sept.

17, 1997, 111 Stat. 1140; Pub. L. 105-244, title I, Sec. 102(a)(3),

Oct. 7, 1998, 112 Stat. 1618; Pub. L. 107-72, Sec. 2, Nov. 20,

2001, 115 Stat. 648, provided that:

''(a) Exemption. - It shall not be unlawful under the antitrust

laws for 2 or more institutions of higher education at which all

students admitted are admitted on a need-blind basis, to agree or

attempt to agree -

''(1) to award such students financial aid only on the basis of

demonstrated financial need for such aid;

''(2) to use common principles of analysis for determining the

need of such students for financial aid if the agreement to use

such principles does not restrict financial aid officers at such

institutions in their exercising independent professional

judgment with respect to individual applicants for such financial

aid;

''(3) to use a common aid application form for need-based

financial aid for such students if the agreement to use such form

does not restrict such institutions in their requesting from such

students, or in their using, data in addition to the data

requested on such form; or

''(4) to exchange through an independent third party, before

awarding need-based financial aid to any of such students who is

commonly admitted to the institutions of higher education

involved, data submitted by the student so admitted, the

student's family, or a financial institution on behalf of the

student or the student's family relating to assets, liabilities,

income, expenses, the number of family members, and the number of

the student's siblings in college, if each of such institutions

of higher education is permitted to retrieve such data only once

with respect to the student.

''(b) Limitations. - Subsection (a) shall not apply with respect

to -

''(1) any financial aid or assistance authorized by the Higher

Education Act of 1965 (20 U.S.C. 1001 et seq.); or

''(2) any contract, combination, or conspiracy with respect to

the amount or terms of any prospective financial aid award to a

specific individual.

''(c) Definitions. - For purposes of this section -

''(1) the term 'alien' has the meaning given such term in

section 101(3) (101(a)(3)) of the Immigration and Nationality Act

(8 U.S.C. 1101(3) (1101(a)(3)));

''(2) the term 'antitrust laws' has the meaning given such term

in subsection (a) of the first section of the Clayton Act (15

U.S.C. 12(a)), except that such term includes section 5 of the

Federal Trade Commission Act (15 U.S.C. 45) to the extent such

section applies to unfair methods of competition;

''(3) the term 'institution of higher education' has the

meaning given such term in section 101 of the Higher Education

Act of 1965 (20 U.S.C. 1001);

''(4) the term 'lawfully admitted for permanent residence' has

the meaning given such term in section 101(20) (101(a)(20)) of

the Immigration and Nationality Act (8 U.S.C. 1101(20)

(1101(a)(20)));

''(5) the term 'national of the United States' has the meaning

given such term in section 101(22) (101(a)(22)) of the

Immigration and Nationality Act (8 U.S.C. 1101(22)

(1101(a)(22)));

''(6) the term 'on a need-blind basis' means without regard to

the financial circumstances of the student involved or the

student's family; and

''(7) the term 'student' means, with respect to an institution

of higher education, a national of the United States or an alien

admitted for permanent residence who is admitted to attend an

undergraduate program at such institution on a full-time basis.

''(d) Expiration. - Subsection (a) shall expire on September 30,

2008.''

(Pub. L. 105-43, Sec. 2(b), Sept. 17, 1997, 111 Stat. 1140,

provided that: ''The amendments made by subsection (a) (amending

section 568(a)-(d) of Pub. L. 103-382, set out above) shall take

effect immediately before September 30, 1997.'')

-SECREF-

SHERMAN ACT REFERRED TO IN OTHER SECTIONS

The Sherman Act (15 U.S.C. 1 to 7) is referred to in sections 12,

15c, 15d, 29, 44, 62, 1012, 1013, 3301, 3503 of this title; title 7

section 225; title 10 section 7430; title 12 sections 1828, 1849;

title 16 section 2602; title 30 sections 184, 1413; title 40

section 559; title 42 sections 2135, 5417, 5909, 6202, 8235f, 9102;

title 43 sections 970, 1331, 1770; title 45 section 791; title 46

App. section 1702; title 49 section 10706; title 50 App. sections

1941a, 2158.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4, 6, 6a, 7, 18a of this

title.

-CITE-

15 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 2. Monopolizing trade a felony; penalty

-STATUTE-

Every person who shall monopolize, or attempt to monopolize, or

combine or conspire with any other person or persons, to monopolize

any part of the trade or commerce among the several States, or with

foreign nations, shall be deemed guilty of a felony, and, on

conviction thereof, shall be punished by fine not exceeding

$10,000,000 if a corporation, or, if any other person, $350,000, or

by imprisonment not exceeding three years, or by both said

punishments, in the discretion of the court.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 2, 26 Stat. 209; July 7, 1955, ch.

281, 69 Stat. 282; Pub. L. 93-528, Sec. 3, Dec. 21, 1974, 88 Stat.

1708; Pub. L. 101-588, Sec. 4(b), Nov. 16, 1990, 104 Stat. 2880.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-588 substituted ''$10,000,000'' for ''one

million dollars'' and ''$350,000'' for ''one hundred thousand

dollars''.

1974 - Pub. L. 93-528 substituted ''a felony, and, on conviction

thereof, shall be punished by fine not exceeding one million

dollars if a corporation, or, if any other person, one hundred

thousand dollars, or by imprisonment not exceeding three years''

for ''a misdemeanor, and, on conviction thereof, shall be punished

by fine not exceeding fifty thousand dollars, or by imprisonment

not exceeding one year''.

1955 - Act July 7, 1955, substituted ''fifty thousand dollars''

for ''five thousand dollars''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18a of this title; title

12 section 1849.

-CITE-

15 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 3. Trusts in Territories or District of Columbia illegal;

combination a felony

-STATUTE-

(a) Every contract, combination in form of trust or otherwise, or

conspiracy, in restraint of trade or commerce in any Territory of

the United States or of the District of Columbia, or in restraint

of trade or commerce between any such Territory and another, or

between any such Territory or Territories and any State or States

or the District of Columbia, or with foreign nations, or between

the District of Columbia and any State or States or foreign

nations, is declared illegal. Every person who shall make any such

contract or engage in any such combination or conspiracy, shall be

deemed guilty of a felony, and, on conviction thereof, shall be

punished by fine not exceeding $10,000,000 if a corporation, or, if

any other person, $350,000, or by imprisonment not exceeding three

years, or both said punishments, in the discretion of the court.

(b) Every person who shall monopolize, or attempt to monopolize,

or combine or conspire with any other person or persons, to

monopolize any part of the trade or commerce in any Territory of

the United States or of the District of Columbia, or between any

such Territory and another, or between any such Territory or

Territories and any State or States or the District of Columbia, or

with foreign nations, or between the District of Columbia, and any

State or States or foreign nations, shall be deemed guilty of a

felony, and, on conviction thereof, shall be punished by fine not

exceeding $10,000,000 if a corporation, or, if any other person,

$350,000, or by imprisonment not exceeding three years, or by both

said punishments, in the discretion of the court.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 3, 26 Stat. 209; July 7, 1955, ch.

281, 69 Stat. 282; Pub. L. 93-528, Sec. 3, Dec. 21, 1974, 88 Stat.

1708; Pub. L. 101-588, Sec. 4(c), Nov. 16, 1990, 104 Stat. 2880;

Pub. L. 107-273, div. C, title IV, Sec. 14102(b), Nov. 2, 2002,

116 Stat. 1921.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 designated existing provisions as subsec.

(a) and added subsec. (b).

1990 - Pub. L. 101-588 substituted ''$10,000,000'' for ''one

million dollars'' and ''$350,000'' for ''one hundred thousand

dollars''.

1974 - Pub. L. 93-528 substituted ''a felony, and, on conviction

thereof, shall be punished by fine not exceeding one million

dollars if a corporation, or, if any other person, one hundred

thousand dollars, or by imprisonment not exceeding three years''

for ''a misdemeanor, and, on conviction thereof, shall be punished

by fine not exceeding fifty thousand dollars, or by imprisonment

not exceeding one year''.

1955 - Act July 7, 1955, substituted ''fifty thousand dollars''

for ''five thousand''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title IV, Sec. 14103, Nov. 2, 2002, 116

Stat. 1922, provided that:

''(a) Effective Date. - Except as provided in subsection (b),

this subtitle (probably means this title, amending this section and

sections 12, 27, and 44 of this title, section 225 of Title 7,

Agriculture, section 1413 of Title 30, Mineral Lands and Mining,

and section 2135 of Title 42, The Public Health and Welfare,

repealing sections 30 and 31 of this title, enacting provisions set

out as a note under section 1 of this title, amending provisions

set out as notes under sections 1 and 8 of this title, and

repealing provisions set out as notes under section 15 of this

title and section 41309 of Title 49, Transportation) and the

amendments made by this subtitle shall take effect on the date of

enactment of this Act (Nov. 2, 2002).

''(b) Application to Cases. - (1) Section 14102(f) (repealing

section 30 of this title) shall apply to cases pending on or after

the date of the enactment of this Act.

''(2) The amendments made by subsections (a), (b), and (c) of

section 14102 (amending this section and sections 12 and 44 of this

title, section 225 of Title 7, Agriculture, section 1413 of Title

30, Mineral Lands and Mining, and section 2135 of Title 42, The

Public Health and Welfare, repealing section 31 of this title,

amending provisions set out as a note under section 8 of this

title, and repealing provisions set out as a note under section 15

of this title) shall apply only with respect to cases commenced on

or after the date of enactment of this Act.''

-CITE-

15 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 4. Jurisdiction of courts; duty of United States attorneys;

procedure

-STATUTE-

The several district courts of the United States are invested

with jurisdiction to prevent and restrain violations of sections 1

to 7 of this title; and it shall be the duty of the several United

States attorneys, in their respective districts, under the

direction of the Attorney General, to institute proceedings in

equity to prevent and restrain such violations. Such proceedings

may be by way of petition setting forth the case and praying that

such violation shall be enjoined or otherwise prohibited. When the

parties complained of shall have been duly notified of such

petition the court shall proceed, as soon as may be, to the hearing

and determination of the case; and pending such petition and before

final decree, the court may at any time make such temporary

restraining order or prohibition as shall be deemed just in the

premises.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 4, 26 Stat. 209; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62

Stat. 909.)

-COD-

CODIFICATION

Act Mar. 3, 1911, vested jurisdiction in ''district'' courts,

instead of ''circuit'' courts.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorneys'' for ''district attorneys of the United States''.

See section 541 et seq. of Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5 of this title.

-CITE-

15 USC Sec. 5 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 5. Bringing in additional parties

-STATUTE-

Whenever it shall appear to the court before which any proceeding

under section 4 of this title may be pending, that the ends of

justice require that other parties should be brought before the

court, the court may cause them to be summoned, whether they reside

in the district in which the court is held or not; and subpoenas to

that end may be served in any district by the marshal thereof.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 5, 26 Stat. 210.)

-CITE-

15 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 6. Forfeiture of property in transit

-STATUTE-

Any property owned under any contract or by any combination, or

pursuant to any conspiracy (and being the subject thereof)

mentioned in section 1 of this title, and being in the course of

transportation from one State to another, or to a foreign country,

shall be forfeited to the United States, and may be seized and

condemned by like proceedings as those provided by law for the

forfeiture, seizure, and condemnation of property imported into the

United States contrary to law.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 6, 26 Stat. 210.)

-CITE-

15 USC Sec. 6a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 6a. Conduct involving trade or commerce with foreign nations

-STATUTE-

Sections 1 to 7 of this title shall not apply to conduct

involving trade or commerce (other than import trade or import

commerce) with foreign nations unless -

(1) such conduct has a direct, substantial, and reasonably

foreseeable effect -

(A) on trade or commerce which is not trade or commerce with

foreign nations, or on import trade or import commerce with

foreign nations; or

(B) on export trade or export commerce with foreign nations,

of a person engaged in such trade or commerce in the United

States; and

(2) such effect gives rise to a claim under the provisions of

sections 1 to 7 of this title, other than this section.

If sections 1 to 7 of this title apply to such conduct only because

of the operation of paragraph (1)(B), then sections 1 to 7 of this

title shall apply to such conduct only for injury to export

business in the United States.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 7, as added Pub. L. 97-290, title IV,

Sec. 402, Oct. 8, 1982, 96 Stat. 1246.)

-MISC1-

PRIOR PROVISIONS

A prior section 7 of act July 2, 1890, ch. 647, 26 Stat. 210,

related to suits by persons injured by acts in violation of

sections 1 to 7 of this title and was classified as a note under

section 15 of this title, prior to repeal by act July 7, 1955, ch.

283, Sec. 3, 69 Stat. 283, effective six months after July 7, 1955.

-CITE-

15 USC Sec. 7 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 7. ''Person'' or ''persons'' defined

-STATUTE-

The word ''person'', or ''persons'', wherever used in sections 1

to 7 of this title shall be deemed to include corporations and

associations existing under or authorized by the laws of either the

United States, the laws of any of the Territories, the laws of any

State, or the laws of any foreign country.

-SOURCE-

(July 2, 1890, ch. 647, Sec. 8, 26 Stat. 210.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6a of this title.

-CITE-

15 USC Sec. 8 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 8. Trusts in restraint of import trade illegal; penalty

-STATUTE-

Every combination, conspiracy, trust, agreement, or contract is

declared to be contrary to public policy, illegal, and void when

the same is made by or between two or more persons or corporations,

either of whom, as agent or principal, is engaged in importing any

article from any foreign country into the United States, and when

such combination, conspiracy, trust, agreement, or contract is

intended to operate in restraint of lawful trade, or free

competition in lawful trade or commerce, or to increase the market

price in any part of the United States of any article or articles

imported or intended to be imported into the United States, or of

any manufacture into which such imported article enters or is

intended to enter. Every person who shall be engaged in the

importation of goods or any commodity from any foreign country in

violation of this section, or who shall combine or conspire with

another to violate the same, is guilty of a misdemeanor, and on

conviction thereof in any court of the United States such person

shall be fined in a sum not less than $100 and not exceeding

$5,000, and shall be further punished by imprisonment, in the

discretion of the court, for a term not less than three months nor

exceeding twelve months.

-SOURCE-

(Aug. 27, 1894, ch. 349, Sec. 73, 28 Stat. 570; Feb. 12, 1913, ch.

40, 37 Stat. 667.)

-MISC1-

AMENDMENTS

1913 - Act Feb. 12, 1913, inserted ''as agent or principal''.

SHORT TITLE

Section 77, formerly Sec. 78, of act Aug. 27, 1894, as added by

Pub. L. 94-435, title III, Sec. 305(d), Sept. 30, 1976, 90 Stat.

1397; renumbered Sec. 77 and amended Pub. L. 107-273, div. C,

title IV, Sec. 14102(c)(1)(B), Nov. 2, 2002, 116 Stat. 1921,

provided that: ''Sections 73, 74, 75, and 76 of this Act (enacting

sections 8 to 11 of this title) may be cited as the 'Wilson Tariff

Act'.''

-SECREF-

WILSON TARIFF ACT REFERRED TO IN OTHER SECTIONS

The Wilson Tariff Act (15 U.S.C. 8 to 11) is referred to in

sections 12, 31, 44 of this title; title 7 section 225; title 16

section 2602, title 30 section 1413; title 42 section 2135; title

43 section 1331; title 49 section 10706.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9, 11, 3301 of this

title; title 10 section 7430; title 16 section 2602; title 30

section 184; title 40 section 559; title 42 sections 5417, 5909,

6202, 8235f, 9102; title 43 section 1770; title 45 section 791;

title 46 App. section 1702; title 49 section 10706; title 50 App.

sections 1941a, 2158.

-CITE-

15 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 9. Jurisdiction of courts; duty of United States attorneys;

procedure

-STATUTE-

The several district courts of the United States are invested

with jurisdiction to prevent and restrain violations of section 8

of this title; and it shall be the duty of the several United

States attorneys, in their respective districts, under the

direction of the Attorney General, to institute proceedings in

equity to prevent and restrain such violations. Such proceedings

may be by way of petitions setting forth the case and praying that

such violations shall be enjoined or otherwise prohibited. When

the parties complained of shall have been duly notified of such

petition the court shall proceed, as soon as may be, to the hearing

and determination of the case; and pending such petition and before

final decree, the court may at any time make such temporary

restraining order or prohibition as shall be deemed just in the

premises.

-SOURCE-

(Aug. 27, 1894, ch. 349, Sec. 74, 28 Stat. 570; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62

Stat. 909.)

-COD-

CODIFICATION

Act Mar. 3, 1911, vested jurisdiction in ''district'' courts,

instead of ''circuit'' courts.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorneys'' for ''district attorneys of the United States''.

See section 541 et seq. of Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10, 3301 of this title;

title 10 section 7430; title 16 section 2602; title 30 section 184;

title 33 section 1331; title 40 section 559; title 42 sections

5417, 5909, 6202, 8235f, 9102; title 43 section 1770; title 45

section 791; title 46 App. section 1702; title 49 section 10706;

title 50 App. sections 1941a, 2158.

-CITE-

15 USC Sec. 10 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 10. Bringing in additional parties

-STATUTE-

Whenever it shall appear to the court before which any proceeding

under section 9 of this title may be pending, that the ends of

justice require that other parties should be brought before the

court, the court may cause them to be summoned, whether they reside

in the district in which the court is held or not; and subpoenas to

that end may be served in any district by the marshal thereof.

-SOURCE-

(Aug. 27, 1894, ch. 349, Sec. 75, 28 Stat. 570.)

-CITE-

15 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 11. Forfeiture of property in transit

-STATUTE-

Any property owned under any contract or by any combination, or

pursuant to any conspiracy, and being the subject thereof,

mentioned in section 8 of this title, imported into and being

within the United States or being in the course of transportation

from one State to another, or to or from a Territory or the

District of Columbia, shall be forfeited to the United States, and

may be seized and condemned by like proceedings as those provided

by law for the forfeiture, seizure, and condemnation of property

imported into the United States contrary to law.

-SOURCE-

(Aug. 27, 1894, ch. 349, Sec. 76, 28 Stat. 570; Feb. 12, 1913, ch.

40, 37 Stat. 667.)

-MISC1-

AMENDMENTS

1913 - Act Feb. 12, 1913, substituted ''imported into and being

within the United States or'' for ''and''.

-CITE-

15 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 12. Definitions; short title

-STATUTE-

(a) ''Antitrust laws,'' as used herein, includes the Act entitled

''An Act to protect trade and commerce against unlawful restraints

and monopolies,'' approved July second, eighteen hundred and

ninety; sections seventy-three to seventy-six, inclusive, of an Act

entitled ''An Act to reduce taxation, to provide revenue for the

Government, and for other purposes,'' of August twenty-seventh,

eighteen hundred and ninety-four; an Act entitled ''An Act to amend

sections seventy-three and seventy-six of the Act of August

twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act

to reduce taxation, to provide revenue for the Government, and for

other purposes,' '' approved February twelfth, nineteen hundred and

thirteen; and also this Act.

''Commerce,'' as used herein, means trade or commerce among the

several States and with foreign nations, or between the District of

Columbia or any Territory of the United States and any State,

Territory, or foreign nation, or between any insular possessions or

other places under the jurisdiction of the United States, or

between any such possession or place and any State or Territory of

the United States or the District of Columbia or any foreign

nation, or within the District of Columbia or any Territory or any

insular possession or other place under the jurisdiction of the

United States: Provided, That nothing in this Act contained shall

apply to the Philippine Islands.

The word ''person'' or ''persons'' wherever used in this Act

shall be deemed to include corporations and associations existing

under or authorized by the laws of either the United States, the

laws of any of the Territories, the laws of any State, or the laws

of any foreign country.

(b) This Act may be cited as the ''Clayton Act''.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 1, 38 Stat. 730; Pub. L. 94-435,

title III, Sec. 305(b), Sept. 30, 1976, 90 Stat. 1397; Pub. L.

107-273, div. C, title IV, Sec. 14102(c)(2)(A), Nov. 2, 2002, 116

Stat. 1921.)

-REFTEXT-

REFERENCES IN TEXT

Words ''herein'' and ''this Act'', referred to in the three

paragraphs of subsec. (a), mean the Clayton Act. For classification

of the Clayton Act to the Code, see last paragraph hereunder.

The Act entitled ''An Act to protect trade and commerce against

unlawful restraints and monopolies,'' approved July second,

eighteen hundred and ninety, referred to in subsec. (a), is act

July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the

Sherman Act, which is classified to sections 1 to 7 of this title.

The Act entitled ''An Act to reduce taxation, to provide revenue

for the Government, and for other purposes,'' of August

twenty-seventh, eighteen hundred and ninety-four, referred to in

subsec. (a), is act Aug. 27, 1894, ch. 349, 28 Stat. 509, as

amended, known as the Wilson Tariff Act. Sections seventy-three to

seventy-six thereof are set out as sections 8 to 11 of this title.

The Act entitled ''An Act to amend sections seventy-three and

seventy-six of the Act of August twenty-seventh, eighteen hundred

and ninety-four, entitled 'An Act to reduce taxation, to provide

revenue for the Government, and for other purposes','' approved

February twelfth, nineteen hundred and thirteen, referred to in

subsec. (a), is act Feb. 12, 1913, ch. 40, 37 Stat. 667, as

amended, which is classified to sections 8 and 11 of this title.

The Clayton Act, referred to in subsec. (b), is act Oct. 15,

1914, ch. 323, 38 Stat. 730, as amended, which is classified to

sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title, and

sections 52 and 53 of Title 29, Labor. Sections 9 and 21 to 25 of

the act were repealed by act June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862, eff. Sept. 1, 1948, and their provisions are now

covered by sections 402, 660, 3285 and 3691 of Title 18, Crimes and

Criminal Procedure, except that former section 23 of the act is

obsolete and not now covered. Sections 17 to 19 of the act were

repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948, and their provisions are now covered by rule

65 of the Federal Rules of Civil Procedure, set out in the Appendix

to Title 28, Judiciary and Judicial Procedure. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

The 3d par. of subsec. (a) is also classified to section 53 of

Title 29, Labor.

-MISC3-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 substituted ''seventy-three

to seventy-six'' for ''seventy-three to seventy-seven'' in first

par.

1976 - Pub. L. 94-435 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to cases commenced on or after Nov. 2,

2002, see section 14103 of Pub. L. 107-273, set out as a note under

section 3 of this title.

-SECREF-

CLAYTON ACT REFERRED TO IN OTHER SECTIONS

The Clayton Act (see References in Text note above) is referred

to in sections 35, 44, 57b-1, 1012, 1013, 3301, 3503 of this title;

title 7 section 225; title 10 section 7430; title 12 sections 1828,

1849, 3208; title 16 section 2602; title 30 sections 184, 1413;

title 33 section 1331; title 40 section 559; title 42 sections

2135, 5417, 5909, 6202, 8235f, 9102; title 43 section 1770; title

45 section 791; title 46 App. section 1702; title 49 section 10706;

title 50 App. sections 1941a, 2158.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 37a, 1291, 1311,

4002, 4021, 4301, 6211, 6701 of this title; title 12 sections

1831u, 1841; title 16 section 824k; title 17 section 109; title 19

sections 2033, 2561; title 28 section 1407; title 42 sections

7651b, 12007, 13271; title 46 App. section 885; title 47 section

303c; title 49 sections 13703, 13907, 14104, 40102, 41308, 41720.

-CITE-

15 USC Sec. 13 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 13. Discrimination in price, services, or facilities

-STATUTE-

(a) Price; selection of customers

It shall be unlawful for any person engaged in commerce, in the

course of such commerce, either directly or indirectly, to

discriminate in price between different purchasers of commodities

of like grade and quality, where either or any of the purchases

involved in such discrimination are in commerce, where such

commodities are sold for use, consumption, or resale within the

United States or any Territory thereof or the District of Columbia

or any insular possession or other place under the jurisdiction of

the United States, and where the effect of such discrimination may

be substantially to lessen competition or tend to create a monopoly

in any line of commerce, or to injure, destroy, or prevent

competition with any person who either grants or knowingly receives

the benefit of such discrimination, or with customers of either of

them: Provided, That nothing herein contained shall prevent

differentials which make only due allowance for differences in the

cost of manufacture, sale, or delivery resulting from the differing

methods or quantities in which such commodities are to such

purchasers sold or delivered: Provided, however, That the Federal

Trade Commission may, after due investigation and hearing to all

interested parties, fix and establish quantity limits, and revise

the same as it finds necessary, as to particular commodities or

classes of commodities, where it finds that available purchasers in

greater quantities are so few as to render differentials on account

thereof unjustly discriminatory or promotive of monopoly in any

line of commerce; and the foregoing shall then not be construed to

permit differentials based on differences in quantities greater

than those so fixed and established: And provided further, That

nothing herein contained shall prevent persons engaged in selling

goods, wares, or merchandise in commerce from selecting their own

customers in bona fide transactions and not in restraint of trade:

And provided further, That nothing herein contained shall prevent

price changes from time to time where in response to changing

conditions affecting the market for or the marketability of the

goods concerned, such as but not limited to actual or imminent

deterioration of perishable goods, obsolescence of seasonal goods,

distress sales under court process, or sales in good faith in

discontinuance of business in the goods concerned.

(b) Burden of rebutting prima-facie case of discrimination

Upon proof being made, at any hearing on a complaint under this

section, that there has been discrimination in price or services or

facilities furnished, the burden of rebutting the prima-facie case

thus made by showing justification shall be upon the person charged

with a violation of this section, and unless justification shall be

affirmatively shown, the Commission is authorized to issue an order

terminating the discrimination: Provided, however, That nothing

herein contained shall prevent a seller rebutting the prima-facie

case thus made by showing that his lower price or the furnishing of

services or facilities to any purchaser or purchasers was made in

good faith to meet an equally low price of a competitor, or the

services or facilities furnished by a competitor.

(c) Payment or acceptance of commission, brokerage, or other

compensation

It shall be unlawful for any person engaged in commerce, in the

course of such commerce, to pay or grant, or to receive or accept,

anything of value as a commission, brokerage, or other

compensation, or any allowance or discount in lieu thereof, except

for services rendered in connection with the sale or purchase of

goods, wares, or merchandise, either to the other party to such

transaction or to an agent, representative, or other intermediary

therein where such intermediary is acting in fact for or in behalf,

or is subject to the direct or indirect control, of any party to

such transaction other than the person by whom such compensation is

so granted or paid.

(d) Payment for services or facilities for processing or sale

It shall be unlawful for any person engaged in commerce to pay or

contact for the payment of anything of value to or for the benefit

of a customer of such person in the course of such commerce as

compensation or in consideration for any services or facilities

furnished by or through such customer in connection with the

processing, handling, sale, or offering for sale of any products or

commodities manufactured, sold, or offered for sale by such person,

unless such payment or consideration is available on proportionally

equal terms to all other customers competing in the distribution of

such products or commodities.

(e) Furnishing services or facilities for processing, handling,

etc.

It shall be unlawful for any person to discriminate in favor of

one purchaser against another purchaser or purchasers of a

commodity bought for resale, with or without processing, by

contracting to furnish or furnishing, or by contributing to the

furnishing of, any services or facilities connected with the

processing, handling, sale, or offering for sale of such commodity

so purchased upon terms not accorded to all purchasers on

proportionally equal terms.

(f) Knowingly inducing or receiving discriminatory price

It shall be unlawful for any person engaged in commerce, in the

course of such commerce, knowingly to induce or receive a

discrimination in price which is prohibited by this section.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 2, 38 Stat. 730; June 19, 1936, ch.

592, Sec. 1, 49 Stat. 1526.)

-MISC1-

AMENDMENTS

1936 - Act June 19, 1936, amended section generally.

SHORT TITLE

Act June 19, 1936, which amended this section and added sections

13a, 13b, and 21a of this title, is popularly known as the

Robinson-Patman Act, as the Robinson-Patman Antidiscrimination Act,

and also as the Robinson-Patman Price Discrimination Act.

-SECREF-

ROBINSON-PATMAN ANTIDISCRIMINATION ACT REFERRED TO IN OTHER

SECTIONS

The Robinson-Patman Antidiscrimination Act (15 U.S.C. 13 to 13b,

21a) is referred to in sections 13b, 13c, 21a, 1013, 3301 of this

title; title 10 section 7430; title 16 section 2602; title 30

sections 184, 1413; title 42 sections 5909, 6202; title 43 section

1331; title 45 section 791; title 46 App. section 1702; title 49

section 10706; title 50 App. section 2158.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21, 21a, 26 of this

title; title 28 section 1407; title 30 section 184.

-CITE-

15 USC Sec. 13a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 13a. Discrimination in rebates, discounts, or advertising

service charges; underselling in particular localities;

penalties

-STATUTE-

It shall be unlawful for any person engaged in commerce, in the

course of such commerce, to be a party to, or assist in, any

transaction of sale, or contract to sell, which discriminates to

his knowledge against competitors of the purchaser, in that, any

discount, rebate, allowance, or advertising service charge is

granted to the purchaser over and above any discount, rebate,

allowance, or advertising service charge available at the time of

such transaction to said competitors in respect of a sale of goods

of like grade, quality, and quantity; to sell, or contract to sell,

goods in any part of the United States at prices lower than those

exacted by said person elsewhere in the United States for the

purpose of destroying competition, or eliminating a competitor in

such part of the United States; or, to sell, or contract to sell,

goods at unreasonably low prices for the purpose of destroying

competition or eliminating a competitor.

Any person violating any of the provisions of this section shall,

upon conviction thereof, be fined not more than $5,000 or

imprisoned not more than one year, or both.

-SOURCE-

(June 19, 1936, ch. 592, Sec. 3, 49 Stat. 1528.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7430; title 28

section 1407; title 30 section 184; title 42 sections 6202, 8235f;

title 49 section 10706.

-CITE-

15 USC Sec. 13b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 13b. Cooperative association; return of net earnings or

surplus

-STATUTE-

Nothing in this Act shall prevent a cooperative association from

returning to its members, producers, or consumers the whole, or any

part of, the net earnings or surplus resulting from its trading

operations, in proportion to their purchases or sales from, to, or

through the association.

-SOURCE-

(June 19, 1936, ch. 592, Sec. 4, 49 Stat. 1528.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 19, 1936, ch. 592, 49

Stat. 1526, popularly known as the Robinson-Patman

Antidiscrimination Act and also as the Robinson-Patman Price

Discrimination Act, which enacted sections 13a, 13b, and 21a of

this title and amended section 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 13 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7430; title 28

section 1407; title 42 sections 6202, 8235f; title 49 section

10706.

-CITE-

15 USC Sec. 13c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 13c. Exemption of non-profit institutions from price

discrimination provisions

-STATUTE-

Nothing in the Act approved June 19, 1936, known as the

Robinson-Patman Antidiscrimination Act, shall apply to purchases of

their supplies for their own use by schools, colleges,

universities, public libraries, churches, hospitals, and charitable

institutions not operated for profit.

-SOURCE-

(May 26, 1938, ch. 283, 52 Stat. 446.)

-REFTEXT-

REFERENCES IN TEXT

The Act approved June 19, 1936, known as the Robinson-Patman

Antidiscrimination Act, referred to in text, is act June 19, 1936,

ch. 592, 49 Stat. 1526, also known as the Robinson-Patman Price

Discrimination Act, which enacted sections 13a, 13b, and 21a of

this title and amended section 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 13 of this title and Tables.

-CITE-

15 USC Sec. 14 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 14. Sale, etc., on agreement not to use goods of competitor

-STATUTE-

It shall be unlawful for any person engaged in commerce, in the

course of such commerce, to lease or make a sale or contract for

sale of goods, wares, merchandise, machinery, supplies, or other

commodities, whether patented or unpatented, for use, consumption,

or resale within the United States or any Territory thereof or the

District of Columbia or any insular possession or other place under

the jurisdiction of the United States, or fix a price charged

therefor, or discount from, or rebate upon, such price, on the

condition, agreement, or understanding that the lessee or purchaser

thereof shall not use or deal in the goods, wares, merchandise,

machinery, supplies, or other commodities of a competitor or

competitors of the lessor or seller, where the effect of such

lease, sale, or contract for sale or such condition, agreement, or

understanding may be to substantially lessen competition or tend to

create a monopoly in any line of commerce.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 3, 38 Stat. 731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21, 26 of this title.

-CITE-

15 USC Sec. 15 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15. Suits by persons injured

-STATUTE-

(a) Amount of recovery; prejudgment interest

Except as provided in subsection (b) of this section, any person

who shall be injured in his business or property by reason of

anything forbidden in the antitrust laws may sue therefor in any

district court of the United States in the district in which the

defendant resides or is found or has an agent, without respect to

the amount in controversy, and shall recover threefold the damages

by him sustained, and the cost of suit, including a reasonable

attorney's fee. The court may award under this section, pursuant

to a motion by such person promptly made, simple interest on actual

damages for the period beginning on the date of service of such

person's pleading setting forth a claim under the antitrust laws

and ending on the date of judgment, or for any shorter period

therein, if the court finds that the award of such interest for

such period is just in the circumstances. In determining whether

an award of interest under this section for any period is just in

the circumstances, the court shall consider only -

(1) whether such person or the opposing party, or either

party's representative, made motions or asserted claims or

defenses so lacking in merit as to show that such party or

representative acted intentionally for delay, or otherwise acted

in bad faith;

(2) whether, in the course of the action involved, such person

or the opposing party, or either party's representative, violated

any applicable rule, statute, or court order providing for

sanctions for dilatory behavior or otherwise providing for

expeditious proceedings; and

(3) whether such person or the opposing party, or either

party's representative, engaged in conduct primarily for the

purpose of delaying the litigation or increasing the cost

thereof.

(b) Amount of damages payable to foreign states and

instrumentalities of foreign states

(1) Except as provided in paragraph (2), any person who is a

foreign state may not recover under subsection (a) of this section

an amount in excess of the actual damages sustained by it and the

cost of suit, including a reasonable attorney's fee.

(2) Paragraph (1) shall not apply to a foreign state if -

(A) such foreign state would be denied, under section

1605(a)(2) of title 28, immunity in a case in which the action is

based upon a commercial activity, or an act, that is the subject

matter of its claim under this section;

(B) such foreign state waives all defenses based upon or

arising out of its status as a foreign state, to any claims

brought against it in the same action;

(C) such foreign state engages primarily in commercial

activities; and

(D) such foreign state does not function, with respect to the

commercial activity, or the act, that is the subject matter of

its claim under this section as a procurement entity for itself

or for another foreign state.

(c) Definitions

For purposes of this section -

(1) the term ''commercial activity'' shall have the meaning

given it in section 1603(d) of title 28, and

(2) the term ''foreign state'' shall have the meaning given it

in section 1603(a) of title 28.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4, 38 Stat. 731; Pub. L. 96-349, Sec.

4(a)(1), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 97-393, Dec. 29,

1982, 96 Stat. 1964.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (a), are defined in

section 12 of this title.

-MISC2-

PRIOR PROVISIONS

Section supersedes two former similar sections enacted by act

July 2, 1890, ch. 647, Sec. 7, 26 Stat. 210, and act Aug. 27, 1894,

ch. 349, Sec. 77, 28 Stat. 570, each of which were restricted in

operation to the particular act cited. Section 7 of act July 2,

1890, was repealed by act July 7, 1955, ch. 283, Sec. 3, 69 Stat.

283, effective six months after July 7, 1955. Section 77 of act

Aug. 27, 1894, was repealed by Pub. L. 107-273, div. C, title IV,

Sec. 14102(c)(1)(A), 14103, Nov. 2, 2002, 116 Stat. 1921, 1922,

effective Nov. 2, 2002, and applicable only with respect to cases

commenced on or after Nov. 2, 2002.

AMENDMENTS

1982 - Pub. L. 97-393 designated existing provisions as subsec.

(a), inserted ''Except as provided in subsection (b) of this

section,'', and added subsecs. (b) and (c).

1980 - Pub. L. 96-349 inserted provisions respecting award of

prejudgment interest including considerations for the court in

determining whether an award is just under the circumstances.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 4(b) of Pub. L. 96-349 provided that: ''The amendments

made by this section (amending this section and sections 15a and

15c of this title) shall apply only with respect to actions

commenced after the date of the enactment of this Act (Sept 12,

1980).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15b, 15c, 16, 35, 36,

4016, 4303, 4304 of this title; title 26 sections 162, 186; title

46 App. section 1706.

-CITE-

15 USC Sec. 15a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15a. Suits by United States; amount of recovery; prejudgment

interest

-STATUTE-

Whenever the United States is hereafter injured in its business

or property by reason of anything forbidden in the antitrust laws

it may sue therefor in the United States district court for the

district in which the defendant resides or is found or has an

agent, without respect to the amount in controversy, and shall

recover threefold the damages by it sustained and the cost of

suit. The court may award under this section, pursuant to a motion

by the United States promptly made, simple interest on actual

damages for the period beginning on the date of service of the

pleading of the United States setting forth a claim under the

antitrust laws and ending on the date of judgment, or for any

shorter period therein, if the court finds that the award of such

interest for such period is just in the circumstances. In

determining whether an award of interest under this section for any

period is just in the circumstances, the court shall consider only

-

(1) whether the United States or the opposing party, or either

party's representative, made motions or asserted claims or

defenses so lacking in merit as to show that such party or

representative acted intentionally for delay or otherwise acted

in bad faith;

(2) whether, in the course of the action involved, the United

States or the opposing party, or either party's representative,

violated any applicable rule, statute, or court order providing

for sanctions for dilatory behavior or otherwise providing for

expeditious proceedings;

(3) whether the United States or the opposing party, or either

party's representative, engaged in conduct primarily for the

purpose of delaying the litigation or increasing the cost

thereof; and

(4) whether the award of such interest is necessary to

compensate the United States adequately for the injury sustained

by the United States.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4A, as added July 7, 1955, ch. 283,

Sec. 1, 69 Stat. 282; amended Pub. L. 96-349, Sec. 4(a)(2), Sept.

12, 1980, 94 Stat. 1156; Pub. L. 101-588, Sec. 5, Nov. 16, 1990,

104 Stat. 2880.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-588 substituted ''threefold the'' for

''actual''.

1980 - Pub. L. 96-349 inserted provisions respecting award of

prejudgment interest including considerations for the court in

determining whether an award is just under the circumstances.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-349 applicable only with respect to

actions commenced after Sept. 12, 1980, see section 4(b) of Pub. L.

96-349, set out as a note under section 15 of this title.

EFFECTIVE DATE

Section effective six months after July 7, 1955, see note set out

under section 15b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15b, 16, 35, 36 of this

title; title 28 section 1407.

-CITE-

15 USC Sec. 15b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15b. Limitation of actions

-STATUTE-

Any action to enforce any cause of action under section 15, 15a,

or 15c of this title shall be forever barred unless commenced

within four years after the cause of action accrued. No cause of

action barred under existing law on the effective date of this Act

shall be revived by this Act.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4B, as added July 7, 1955, ch. 283,

Sec. 1, 69 Stat. 283; amended Pub. L. 94-435, title III, Sec.

302(1), Sept. 30, 1976, 90 Stat. 1396.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this Act, referred to in text, probably

refers to the effective date of act July 7, 1955, ch. 283, 69 Stat.

282, which was six months after July 7, 1955.

This Act, referred to in text, probably refers to act July 7,

1955.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-435 substituted ''section 15, 15a, or 15c'' for

''sections 15 or 15a''.

EFFECTIVE DATE

Section 4 of act July 7, 1955, provided: ''This Act (enacting

this section and section 15a of this title, amending section 16 of

this title, and repealing provisions set out as a note under

section 15 of this title) shall take effect six months after its

enactment (July 7, 1955).''

-CITE-

15 USC Sec. 15c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15c. Actions by State attorneys general

-STATUTE-

(a) Parens patriae; monetary relief; damages; prejudgment interest

(1) Any attorney general of a State may bring a civil action in

the name of such State, as parens patriae on behalf of natural

persons residing in such State, in any district court of the United

States having jurisdiction of the defendant, to secure monetary

relief as provided in this section for injury sustained by such

natural persons to their property by reason of any violation of

sections 1 to 7 of this title. The court shall exclude from the

amount of monetary relief awarded in such action any amount of

monetary relief (A) which duplicates amounts which have been

awarded for the same injury, or (B) which is properly allocable to

(i) natural persons who have excluded their claims pursuant to

subsection (b)(2) of this section, and (ii) any business entity.

(2) The court shall award the State as monetary relief threefold

the total damage sustained as described in paragraph (1) of this

subsection, and the cost of suit, including a reasonable attorney's

fee. The court may award under this paragraph, pursuant to a

motion by such State promptly made, simple interest on the total

damage for the period beginning on the date of service of such

State's pleading setting forth a claim under the antitrust laws and

ending on the date of judgment, or for any shorter period therein,

if the court finds that the award of such interest for such period

is just in the circumstances. In determining whether an award of

interest under this paragraph for any period is just in the

circumstances, the court shall consider only -

(A) whether such State or the opposing party, or either party's

representative, made motions or asserted claims or defenses so

lacking in merit as to show that such party or representative

acted intentionally for delay or otherwise acted in bad faith;

(B) whether, in the course of the action involved, such State

or the opposing party, or either party's representative, violated

any applicable rule, statute, or court order providing for

sanctions for dilatory behavior or other wise providing for

expeditious proceedings; and

(C) whether such State or the opposing party, or either party's

representative, engaged in conduct primarily for the purpose of

delaying the litigation or increasing the cost thereof.

(b) Notice; exclusion election; final judgment

(1) In any action brought under subsection (a)(1) of this

section, the State attorney general shall, at such times, in such

manner, and with such content as the court may direct, cause notice

thereof to be given by publication. If the court finds that notice

given solely by publication would deny due process of law to any

person or persons, the court may direct further notice to such

person or persons according to the circumstances of the case.

(2) Any person on whose behalf an action is brought under

subsection (a)(1) of this section may elect to exclude from

adjudication the portion of the State claim for monetary relief

attributable to him by filing notice of such election with the

court within such time as specified in the notice given pursuant to

paragraph (1) of this subsection.

(3) The final judgment in an action under subsection (a)(1) of

this section shall be res judicata as to any claim under section 15

of this title by any person on behalf of whom such action was

brought and who fails to give such notice within the period

specified in the notice given pursuant to paragraph (1) of this

subsection.

(c) Dismissal or compromise of action

An action under subsection (a)(1) of this section shall not be

dismissed or compromised without the approval of the court, and

notice of any proposed dismissal or compromise shall be given in

such manner as the court directs.

(d) Attorneys' fees

In any action under subsection (a) of this section -

(1) the amount of the plaintiffs' attorney's fee, if any, shall

be determined by the court; and

(2) the court may, in its discretion, award a reasonable

attorney's fee to a prevailing defendant upon a finding that the

State attorney general has acted in bad faith, vexatiously,

wantonly, or for oppressive reasons.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4C, as added Pub. L. 94-435, title

III, Sec. 301, Sept. 30, 1976, 90 Stat. 1394; amended Pub. L.

96-349, Sec. 4(a)(3), Sept. 12, 1980, 94 Stat. 1157.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (a)(2), are defined in

section 12 of this title.

-MISC2-

AMENDMENTS

1980 - Subsec. (a)(2). Pub. L. 96-349 inserted provisions

respecting award of prejudgment interest including considerations

for the court in determining whether an award is just under the

circumstances.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-349 applicable only with respect to

actions commenced after Sept. 12, 1980, see section 4(b) of Pub. L.

96-349, set out as a note under section 15 of this title.

EFFECTIVE DATE

Section 304 of Pub. L. 94-435 provided that: ''The amendments to

the Clayton Act made by section 301 of this Act (enacting this

section and sections 15d to 15h of this title) shall not apply to

any injury sustained prior to the date of enactment of this Act

(Sept. 30, 1976).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15b, 15d, 15e, 15g, 15h,

16, 35, 36, 4303 of this title; title 28 section 1407; title 42

section 11111.

-CITE-

15 USC Sec. 15d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15d. Measurement of damages

-STATUTE-

In any action under section 15c(a)(1) of this title, in which

there has been a determination that a defendant agreed to fix

prices in violation of sections 1 to 7 of this title, damages may

be proved and assessed in the aggregate by statistical or sampling

methods, by the computation of illegal overcharges, or by such

other reasonable system of estimating aggregate damages as the

court in its discretion may permit without the necessity of

separately proving the individual claim of, or amount of damage to,

persons on whose behalf the suit was brought.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4D, as added Pub. L. 94-435, title

III, Sec. 301, Sept. 30, 1976, 90 Stat. 1395.)

-MISC1-

EFFECTIVE DATE

Injuries sustained prior to Sept. 30, 1976, not covered by this

section, see section 304 of Pub. L. 94-435, set out as a note under

section 15c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15g, 15h of this title.

-CITE-

15 USC Sec. 15e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15e. Distribution of damages

-STATUTE-

Monetary relief recovered in an action under section 15c(a)(1) of

this title shall -

(1) be distributed in such manner as the district court in its

discretion may authorize; or

(2) be deemed a civil penalty by the court and deposited with

the State as general revenues;

subject in either case to the requirement that any distribution

procedure adopted afford each person a reasonable opportunity to

secure his appropriate portion of the net monetary relief.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4E, as added Pub. L. 94-435, title

III, Sec. 301, Sept. 30, 1976, 90 Stat. 1395.)

-MISC1-

EFFECTIVE DATE

Injuries sustained prior to Sept. 30, 1976, not covered by this

section, see section 304 of Pub. L. 94-435, set out as a note under

section 15c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15g, 15h of this title.

-CITE-

15 USC Sec. 15f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15f. Actions by Attorney General

-STATUTE-

(a) Notification to State attorney general

Whenever the Attorney General of the United States has brought an

action under the antitrust laws, and he has reason to believe that

any State attorney general would be entitled to bring an action

under this Act based substantially on the same alleged violation of

the antitrust laws, he shall promptly give written notification

thereof to such State attorney general.

(b) Availability of files and other materials

To assist a State attorney general in evaluating the notice or in

bringing any action under this Act, the Attorney General of the

United States shall, upon request by such State attorney general,

make available to him, to the extent permitted by law, any

investigative files or other materials which are or may be relevant

or material to the actual or potential cause of action under this

Act.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4F, as added Pub. L. 94-435, title

III, Sec. 301, Sept. 30, 1976, 90 Stat. 1395.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (a), are defined in

section 12 of this title.

This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38

Stat. 730, as amended, known as the Clayton Act, which is

classified generally to sections 12, 13, 14 to 19, 20, 21, and 22

to 27 of this title, and sections 52 and 53 of Title 29, Labor. For

further details and complete classification of this Act to the

Code, see References in Text note set out under section 12 of this

title and Tables.

-MISC2-

EFFECTIVE DATE

Injuries sustained prior to Sept. 30, 1976, not covered by this

section, see section 304 of Pub. L. 94-435, set out as a note under

section 15c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15g, 15h of this title.

-CITE-

15 USC Sec. 15g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15g. Definitions

-STATUTE-

For the purposes of sections 15c, 15d, 15e, and 15f of this

title:

(1) The term ''State attorney general'' means the chief legal

officer of a State, or any other person authorized by State law

to bring actions under section 15c of this title, and includes

the Corporation Counsel of the District of Columbia, except that

such term does not include any person employed or retained on -

(A) a contingency fee based on a percentage of the monetary

relief awarded under this section; or

(B) any other contingency fee basis, unless the amount of the

award of a reasonable attorney's fee to a prevailing plaintiff

is determined by the court under section 15c(d)(1) of this

title.

(2) The term ''State'' means a State, the District of Columbia,

the Commonwealth of Puerto Rico, and any other territory or

possession of the United States.

(3) The term ''natural persons'' does not include

proprietorships or partnerships.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4G, as added Pub. L. 94-435, title

III, Sec. 301, Sept. 30, 1976, 90 Stat. 1396.)

-MISC1-

EFFECTIVE DATE

Injuries sustained prior to Sept. 30, 1976, not covered by this

section, see section 304 of Pub. L. 94-435, set out as a note under

section 15c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15h, 34, 37a, 4301 of

this title.

-CITE-

15 USC Sec. 15h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 15h. Applicability of parens patriae actions

-STATUTE-

Sections 15c, 15d, 15e, 15f, and 15g of this title shall apply in

any State, unless such State provides by law for its

nonapplicability in such State.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 4H, as added Pub. L. 94-435, title

III, Sec. 301, Sept. 30, 1976, 90 Stat. 1396.)

-MISC1-

EFFECTIVE DATE

Injuries sustained prior to Sept. 30, 1976, not covered by this

section, see section 304 of Pub. L. 94-435, set out as a note under

section 15c of this title.

-CITE-

15 USC Sec. 16 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 16. Judgments

-STATUTE-

(a) Prima facie evidence; collateral estoppel

A final judgment or decree heretofore or hereafter rendered in

any civil or criminal proceeding brought by or on behalf of the

United States under the antitrust laws to the effect that a

defendant has violated said laws shall be prima facie evidence

against such defendant in any action or proceeding brought by any

other party against such defendant under said laws as to all

matters respecting which said judgment or decree would be an

estoppel as between the parties thereto: Provided, That this

section shall not apply to consent judgments or decrees entered

before any testimony has been taken. Nothing contained in this

section shall be construed to impose any limitation on the

application of collateral estoppel, except that, in any action or

proceeding brought under the antitrust laws, collateral estoppel

effect shall not be given to any finding made by the Federal Trade

Commission under the antitrust laws or under section 45 of this

title which could give rise to a claim for relief under the

antitrust laws.

(b) Consent judgments and competitive impact statements;

publication in Federal Register; availability of copies to the

public

Any proposal for a consent judgment submitted by the United

States for entry in any civil proceeding brought by or on behalf of

the United States under the antitrust laws shall be filed with the

district court before which such proceeding is pending and

published by the United States in the Federal Register at least 60

days prior to the effective date of such judgment. Any written

comments relating to such proposal and any responses by the United

States thereto, shall also be filed with such district court and

published by the United States in the Federal Register within such

sixty-day period. Copies of such proposal and any other materials

and documents which the United States considered determinative in

formulating such proposal, shall also be made available to the

public at the district court and in such other districts as the

court may subsequently direct. Simultaneously with the filing of

such proposal, unless otherwise instructed by the court, the United

States shall file with the district court, publish in the Federal

Register, and thereafter furnish to any person upon request, a

competitive impact statement which shall recite -

(1) the nature and purpose of the proceeding;

(2) a description of the practices or events giving rise to the

alleged violation of the antitrust laws;

(3) an explanation of the proposal for a consent judgment,

including an explanation of any unusual circumstances giving rise

to such proposal or any provision contained therein, relief to be

obtained thereby, and the anticipated effects on competition of

such relief;

(4) the remedies available to potential private plaintiffs

damaged by the alleged violation in the event that such proposal

for the consent judgment is entered in such proceeding;

(5) a description of the procedures available for modification

of such proposal; and

(6) a description and evaluation of alternatives to such

proposal actually considered by the United States.

(c) Publication of summaries in newspapers

The United States shall also cause to be published, commencing at

least 60 days prior to the effective date of the judgment described

in subsection (b) of this section, for 7 days over a period of 2

weeks in newspapers of general circulation of the district in which

the case has been filed, in the District of Columbia, and in such

other districts as the court may direct -

(i) a summary of the terms of the proposal for consent

judgment,

(ii) a summary of the competitive impact statement filed under

subsection (b) of this section,

(iii) and a list of the materials and documents under

subsection (b) of this section which the United States shall make

available for purposes of meaningful public comment, and the

place where such materials and documents are available for public

inspection.

(d) Consideration of public comments by Attorney General and

publication of response

During the 60-day period as specified in subsection (b) of this

section, and such additional time as the United States may request

and the court may grant, the United States shall receive and

consider any written comments relating to the proposal for the

consent judgment submitted under subsection (b) of this section.

The Attorney General or his designee shall establish procedures to

carry out the provisions of this subsection, but such 60-day time

period shall not be shortened except by order of the district court

upon a showing that (1) extraordinary circumstances require such

shortening and (2) such shortening is not adverse to the public

interest. At the close of the period during which such comments

may be received, the United States shall file with the district

court and cause to be published in the Federal Register a response

to such comments.

(e) Public interest determination

Before entering any consent judgment proposed by the United

States under this section, the court shall determine that the entry

of such judgment is in the public interest. For the purpose of

such determination, the court may consider -

(1) the competitive impact of such judgment, including

termination of alleged violations, provisions for enforcement and

modification, duration or relief sought, anticipated effects of

alternative remedies actually considered, and any other

considerations bearing upon the adequacy of such judgment;

(2) the impact of entry of such judgment upon the public

generally and individuals alleging specific injury from the

violations set forth in the complaint including consideration of

the public benefit, if any, to be derived from a determination of

the issues at trial.

(f) Procedure for public interest determination

In making its determination under subsection (e) of this section,

the court may -

(1) take testimony of Government officials or experts or such

other expert witnesses, upon motion of any party or participant

or upon its own motion, as the court may deem appropriate;

(2) appoint a special master and such outside consultants or

expert witnesses as the court may deem appropriate; and request

and obtain the views, evaluations, or advice of any individual,

group or agency of government with respect to any aspects of the

proposed judgment or the effect of such judgment, in such manner

as the court deems appropriate;

(3) authorize full or limited participation in proceedings

before the court by interested persons or agencies, including

appearance amicus curiae, intervention as a party pursuant to the

Federal Rules of Civil Procedure, examination of witnesses or

documentary materials, or participation in any other manner and

extent which serves the public interest as the court may deem

appropriate;

(4) review any comments including any objections filed with the

United States under subsection (d) of this section concerning the

proposed judgment and the responses of the United States to such

comments and objections; and

(5) take such other action in the public interest as the court

may deem appropriate.

(g) Filing of written or oral communications with the district

court

Not later than 10 days following the date of the filing of any

proposal for a consent judgment under subsection (b) of this

section, each defendant shall file with the district court a

description of any and all written or oral communications by or on

behalf of such defendant, including any and all written or oral

communications on behalf of such defendant, or other person, with

any officer or employee of the United States concerning or relevant

to such proposal, except that any such communications made by

counsel of record alone with the Attorney General or the employees

of the Department of Justice alone shall be excluded from the

requirements of this subsection. Prior to the entry of any consent

judgment pursuant to the antitrust laws, each defendant shall

certify to the district court that the requirements of this

subsection have been complied with and that such filing is a true

and complete description of such communications known to the

defendant or which the defendant reasonably should have known.

(h) Inadmissibility as evidence of proceedings before the district

court and the competitive impact statement

Proceedings before the district court under subsections (e) and

(f) of this section, and the competitive impact statement filed

under subsection (b) of this section, shall not be admissible

against any defendant in any action or proceeding brought by any

other party against such defendant under the antitrust laws or by

the United States under section 15a of this title nor constitute a

basis for the introduction of the consent judgment as prima facie

evidence against such defendant in any such action or proceeding.

(i) Suspension of limitations

Whenever any civil or criminal proceeding is instituted by the

United States to prevent, restrain, or punish violations of any of

the antitrust laws, but not including an action under section 15a

of this title, the running of the statute of limitations in respect

to every private or State right of action arising under said laws

and based in whole or in part on any matter complained of in said

proceeding shall be suspended during the pendency thereof and for

one year thereafter: Provided, however, That whenever the running

of the statute of limitations in respect of a cause of action

arising under section 15 or 15c of this title is suspended

hereunder, any action to enforce such cause of action shall be

forever barred unless commenced either within the period of

suspension or within four years after the cause of action accrued.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 5, 38 Stat. 731; July 7, 1955, ch.

283, Sec. 2, 69 Stat. 283; Pub. L. 93-528, Sec. 2, Dec. 21, 1974,

88 Stat. 1706; Pub. L. 94-435, title III, Sec. 302(2), Sept. 30,

1976, 90 Stat. 1396; Pub. L. 96-349, Sec. 5(a), Sept. 12, 1980, 94

Stat. 1157.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsecs. (a), (b), and (g) to

(i), are defined in section 12 of this title.

-MISC2-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-349 made collateral estoppel

inapplicable in any action or proceeding brought under the

antitrust laws to any finding made by the Commission under the

antitrust laws or under section 45 of this title which could give

rise to a claim for relief under the antitrust laws; struck out

''or by the United States under section 15a of this title,'' after

''under said laws''; and deleted from proviso ''or to judgments or

decrees entered in actions under section 15a of this title'' after

''testimony has been taken''.

1976 - Pub. L. 94-435 substituted ''private or State right of

action'' for ''private right of action'' and ''section 15 or 15c''

for ''section 15''.

1974 - Subsecs. (b) to (i). Pub. L. 93-528 added subsecs. (b) to

(h) and redesignated former subsec. (b) as (i).

1955 - Act July 7, 1955, substituted subsec. (a) for first

paragraph, to provide that final judgments in actions under the

antitrust laws by the United States shall be prima facie evidence

in damage suits by the United States as well as in private damage

suits, and substituted subsec. (b) for second paragraph, to provide

for a one-year suspension of limitations.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 5(b) of Pub. L. 96-349 provided that: ''The amendments

made by this section (amending this section) shall apply only with

respect to actions commenced after the date of the enactment of

this Act (Sept. 12, 1980).''

SUSPENSION OF LIMITATION

Act Oct. 10, 1942, ch. 589, 56 Stat. 781, as amended June 30,

1945, ch. 213, 59 Stat. 306, provided for the suspension of any

existing statutes of limitations relating to violations of

antitrust laws now indictable or subject to civil proceedings under

any existing statutes, until June 30, 1946.

-CITE-

15 USC Sec. 17 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 17. Antitrust laws not applicable to labor organizations

-STATUTE-

The labor of a human being is not a commodity or article of

commerce. Nothing contained in the antitrust laws shall be

construed to forbid the existence and operation of labor,

agricultural, or horticultural organizations, instituted for the

purposes of mutual help, and not having capital stock or conducted

for profit, or to forbid or restrain individual members of such

organizations from lawfully carrying out the legitimate objects

thereof; nor shall such organizations, or the members thereof, be

held or construed to be illegal combinations or conspiracies in

restraint of trade, under the antitrust laws.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 6, 38 Stat. 731.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1951; title 29

section 186; title 47 section 606.

-CITE-

15 USC Sec. 18 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 18. Acquisition by one corporation of stock of another

-STATUTE-

No person engaged in commerce or in any activity affecting

commerce shall acquire, directly or indirectly, the whole or any

part of the stock or other share capital and no person subject to

the jurisdiction of the Federal Trade Commission shall acquire the

whole or any part of the assets of another person engaged also in

commerce or in any activity affecting commerce, where in any line

of commerce or in any activity affecting commerce in any section of

the country, the effect of such acquisition may be substantially to

lessen competition, or to tend to create a monopoly.

No person shall acquire, directly or indirectly, the whole or any

part of the stock or other share capital and no person subject to

the jurisdiction of the Federal Trade Commission shall acquire the

whole or any part of the assets of one or more persons engaged in

commerce or in any activity affecting commerce, where in any line

of commerce or in any activity affecting commerce in any section of

the country, the effect of such acquisition, of such stocks or

assets, or of the use of such stock by the voting or granting of

proxies or otherwise, may be substantially to lessen competition,

or to tend to create a monopoly.

This section shall not apply to persons purchasing such stock

solely for investment and not using the same by voting or otherwise

to bring about, or in attempting to bring about, the substantial

lessening of competition. Nor shall anything contained in this

section prevent a corporation engaged in commerce or in any

activity affecting commerce from causing the formation of

subsidiary corporations for the actual carrying on of their

immediate lawful business, or the natural and legitimate branches

or extensions thereof, or from owning and holding all or a part of

the stock of such subsidiary corporations, when the effect of such

formation is not to substantially lessen competition.

Nor shall anything herein contained be construed to prohibit any

common carrier subject to the laws to regulate commerce from aiding

in the construction of branches or short lines so located as to

become feeders to the main line of the company so aiding in such

construction or from acquiring or owning all or any part of the

stock of such branch lines, nor to prevent any such common carrier

from acquiring and owning all or any part of the stock of a branch

or short line constructed by an independent company where there is

no substantial competition between the company owning the branch

line so constructed and the company owning the main line acquiring

the property or an interest therein, nor to prevent such common

carrier from extending any of its lines through the medium of the

acquisition of stock or otherwise of any other common carrier where

there is no substantial competition between the company extending

its lines and the company whose stock, property, or an interest

therein is so acquired.

Nothing contained in this section shall be held to affect or

impair any right heretofore legally acquired: Provided, That

nothing in this section shall be held or construed to authorize or

make lawful anything heretofore prohibited or made illegal by the

antitrust laws, nor to exempt any person from the penal provisions

thereof or the civil remedies therein provided.

Nothing contained in this section shall apply to transactions

duly consummated pursuant to authority given by the Secretary of

Transportation, Federal Power Commission, Surface Transportation

Board, the Securities and Exchange Commission in the exercise of

its jurisdiction under section 79j of this title, the United States

Maritime Commission, or the Secretary of Agriculture under any

statutory provision vesting such power in such Commission, Board,

or Secretary.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 7, 38 Stat. 731; Dec. 29, 1950, ch.

1184, 64 Stat. 1125; Pub. L. 96-349, Sec. 6(a), Sept. 12, 1980, 94

Stat. 1157; Pub. L. 98-443, Sec. 9(l), Oct. 4, 1984, 98 Stat. 1708;

Pub. L. 104-88, title III, Sec. 318(1), Dec. 29, 1995, 109 Stat.

949; Pub. L. 104-104, title VI, Sec. 601(b)(3), Feb. 8, 1996, 110

Stat. 143.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-104, in sixth par., struck out ''Federal

Communications Commission,'' after ''Secretary of

Transportation,''.

1995 - Pub. L. 104-88, in sixth par., substituted ''Surface

Transportation Board'' for ''Interstate Commerce Commission'' and

inserted '', Board,'' after ''vesting such power in such

Commission''.

1984 - Pub. L. 98-443 substituted ''Secretary of Transportation''

for ''Civil Aeronautics Board'' and ''Commission or Secretary'' for

''Commission, Secretary, or Board'' in sixth par.

1980 - Pub. L. 96-349, substituted ''person'' for ''corporation''

wherever appearing in first and second pars.; substituted

''persons'' for ''corporations'' in second par. and first sentence

of third par.; and inserted ''or in any activity affecting

commerce'' after ''commerce'' wherever appearing in first, second,

and third pars.

1950 - Act Dec. 29, 1950, amended section generally so as to

prohibit the acquisition of the whole or any part of the assets of

another corporation when the effect of the acquisition may

substantially lessen competition or tend to create a monopoly.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 6(b) of Pub. L. 96-349 provided that: ''The amendments

made by this section (amending this section) shall apply only with

respect to acquisitions made after the date of the enactment of

this Act (Sept. 12, 1980).''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Maritime Commission

transferred to Chairman of Maritime Commission by Reorg. Plan No. 6

of 1949, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069, set out

in the Appendix to Title 5, Government Organization and Employees.

See, also, notes set out under section 1111 of Title 46, Appendix,

Shipping.

United States Maritime Commission abolished by Reorg. Plan No. 21

of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out

in the Appendix to Title 5, which transferred part of its functions

and part of functions of its Chairman, to Federal Maritime Board

and Chairman thereof, such Board having been created by that Plan

as an agency within Department of Commerce with an independent

status in some respects, and transferred remainder of such

Commission's functions and functions of its Chairman to Secretary

of Commerce, with power vested in Secretary to authorize their

performance by Maritime Administrator (the head of Maritime

Administration, which likewise established by the Plan in

Department of Commerce) with provision that Chairman of Federal

Maritime Board should, ex officio, be such Administrator.

Section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26

F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5,

abolished Federal Maritime Board, including offices of members of

Board. Functions of Board transferred either to Federal Maritime

Commission or Secretary of Commerce by sections 103 and 202 of

Reorg. Plan No. 7 of 1961.

Maritime Administration of Department of Commerce transferred to

Department of Transportation, and all related functions of

Secretary and other officers and offices of Department of Commerce

transferred to Department of Transportation and vested in Secretary

of Transportation, see section 1601 et seq. of Title 46, Appendix,

Shipping.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18a, 21, 26, 63 of this

title.

-CITE-

15 USC Sec. 18a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 18a. Premerger notification and waiting period

-STATUTE-

(a) Filing

Except as exempted pursuant to subsection (c) of this section, no

person shall acquire, directly or indirectly, any voting securities

or assets of any other person, unless both persons (or in the case

of a tender offer, the acquiring person) file notification pursuant

to rules under subsection (d)(1) of this section and the waiting

period described in subsection (b)(1) of this section has expired,

if -

(1) the acquiring person, or the person whose voting securities

or assets are being acquired, is engaged in commerce or in any

activity affecting commerce; and

(2) as a result of such acquisition, the acquiring person would

hold an aggregate total amount of the voting securities and

assets of the acquired person -

(A) in excess of $200,000,000 (as adjusted and published for

each fiscal year beginning after September 30, 2004, in the

same manner as provided in section 19(a)(5) of this title to

reflect the percentage change in the gross national product for

such fiscal year compared to the gross national product for the

year ending September 30, 2003); or

(B)(i) in excess of $50,000,000 (as so adjusted and

published) but not in excess of $200,000,000 (as so adjusted

and published); and

(ii)(I) any voting securities or assets of a person engaged

in manufacturing which has annual net sales or total assets of

$10,000,000 (as so adjusted and published) or more are being

acquired by any person which has total assets or annual net

sales of $100,000,000 (as so adjusted and published) or more;

(II) any voting securities or assets of a person not engaged

in manufacturing which has total assets of $10,000,000 (as so

adjusted and published) or more are being acquired by any

person which has total assets or annual net sales of

$100,000,000 (as so adjusted and published) or more; or

(III) any voting securities or assets of a person with annual

net sales or total assets of $100,000,000 (as so adjusted and

published) or more are being acquired by any person with total

assets or annual net sales of $10,000,000 (as so adjusted and

published) or more.

In the case of a tender offer, the person whose voting securities

are sought to be acquired by a person required to file notification

under this subsection shall file notification pursuant to rules

under subsection (d) of this section.

(b) Waiting period; publication; voting securities

(1) The waiting period required under subsection (a) of this

section shall -

(A) begin on the date of the receipt by the Federal Trade

Commission and the Assistant Attorney General in charge of the

Antitrust Division of the Department of Justice (hereinafter

referred to in this section as the ''Assistant Attorney

General'') of -

(i) the completed notification required under subsection (a)

of this section, or

(ii) if such notification is not completed, the notification

to the extent completed and a statement of the reasons for such

noncompliance,

from both persons, or, in the case of a tender offer, the

acquiring person; and

(B) end on the thirtieth day after the date of such receipt (or

in the case of a cash tender offer, the fifteenth day), or on

such later date as may be set under subsection (e)(2) or (g)(2)

of this section.

(2) The Federal Trade Commission and the Assistant Attorney

General may, in individual cases, terminate the waiting period

specified in paragraph (1) and allow any person to proceed with any

acquisition subject to this section, and promptly shall cause to be

published in the Federal Register a notice that neither intends to

take any action within such period with respect to such

acquisition.

(3) As used in this section -

(A) The term ''voting securities'' means any securities which

at present or upon conversion entitle the owner or holder thereof

to vote for the election of directors of the issuer or, with

respect to unincorporated issuers, persons exercising similar

functions.

(B) The amount or percentage of voting securities or assets of

a person which are acquired or held by another person shall be

determined by aggregating the amount or percentage of such voting

securities or assets held or acquired by such other person and

each affiliate thereof.

(c) Exempt transactions

The following classes of transactions are exempt from the

requirements of this section -

(1) acquisitions of goods or realty transferred in the ordinary

course of business;

(2) acquisitions of bonds, mortgages, deeds of trust, or other

obligations which are not voting securities;

(3) acquisitions of voting securities of an issuer at least 50

per centum of the voting securities of which are owned by the

acquiring person prior to such acquisition;

(4) transfers to or from a Federal agency or a State or

political subdivision thereof;

(5) transactions specifically exempted from the antitrust laws

by Federal statute;

(6) transactions specifically exempted from the antitrust laws

by Federal statute if approved by a Federal agency, if copies of

all information and documentary material filed with such agency

are contemporaneously filed with the Federal Trade Commission and

the Assistant Attorney General;

(7) transactions which require agency approval under section

1467a(e) of title 12, section 1828(c) of title 12, or section

1842 of title 12, except that a portion of a transaction is not

exempt under this paragraph if such portion of the transaction

(A) is subject to section 1843(k) of title 12; and (B) does not

require agency approval under section 1842 of title 12;

(8) transactions which require agency approval under section

1843 of title 12 or section 1464 of title 12, if copies of all

information and documentary material filed with any such agency

are contemporaneously filed with the Federal Trade Commission and

the Assistant Attorney General at least 30 days prior to

consummation of the proposed transaction, except that a portion

of a transaction is not exempt under this paragraph if such

portion of the transaction (A) is subject to section 1843(k) of

title 12; and (B) does not require agency approval under section

1843 of title 12;

(9) acquisitions, solely for the purpose of investment, of

voting securities, if, as a result of such acquisition, the

securities acquired or held do not exceed 10 per centum of the

outstanding voting securities of the issuer;

(10) acquisitions of voting securities, if, as a result of such

acquisition, the voting securities acquired do not increase,

directly or indirectly, the acquiring person's per centum share

of outstanding voting securities of the issuer;

(11) acquisitions, solely for the purpose of investment, by any

bank, banking association, trust company, investment company, or

insurance company, of (A) voting securities pursuant to a plan of

reorganization or dissolution; or (B) assets in the ordinary

course of its business; and

(12) such other acquisitions, transfers, or transactions, as

may be exempted under subsection (d)(2)(B) of this section.

(d) Commission rules

The Federal Trade Commission, with the concurrence of the

Assistant Attorney General and by rule in accordance with section

553 of title 5, consistent with the purposes of this section -

(1) shall require that the notification required under

subsection (a) of this section be in such form and contain such

documentary material and information relevant to a proposed

acquisition as is necessary and appropriate to enable the Federal

Trade Commission and the Assistant Attorney General to determine

whether such acquisition may, if consummated, violate the

antitrust laws; and

(2) may -

(A) define the terms used in this section;

(B) exempt, from the requirements of this section, classes of

persons, acquisitions, transfers, or transactions which are not

likely to violate the antitrust laws; and

(C) prescribe such other rules as may be necessary and

appropriate to carry out the purposes of this section.

(e) Additional information; waiting period extensions

(1)(A) The Federal Trade Commission or the Assistant Attorney

General may, prior to the expiration of the 30-day waiting period

(or in the case of a cash tender offer, the 15-day waiting period)

specified in subsection (b)(1) of this section, require the

submission of additional information or documentary material

relevant to the proposed acquisition, from a person required to

file notification with respect to such acquisition under subsection

(a) of this section prior to the expiration of the waiting period

specified in subsection (b)(1) of this section, or from any

officer, director, partner, agent, or employee of such person.

(B)(i) The Assistant Attorney General and the Federal Trade

Commission shall each designate a senior official who does not have

direct responsibility for the review of any enforcement

recommendation under this section concerning the transaction at

issue, to hear any petition filed by such person to determine -

(I) whether the request for additional information or

documentary material is unreasonably cumulative, unduly

burdensome, or duplicative; or

(II) whether the request for additional information or

documentary material has been substantially complied with by the

petitioning person.

(ii) Internal review procedures for petitions filed pursuant to

clause (i) shall include reasonable deadlines for expedited review

of such petitions, after reasonable negotiations with investigative

staff, in order to avoid undue delay of the merger review process.

(iii) Not later than 90 days after December 21, 2000, the

Assistant Attorney General and the Federal Trade Commission shall

conduct an internal review and implement reforms of the merger

review process in order to eliminate unnecessary burden, remove

costly duplication, and eliminate undue delay, in order to achieve

a more effective and more efficient merger review process.

(iv) Not later than 120 days after December 21, 2000, the

Assistant Attorney General and the Federal Trade Commission shall

issue or amend their respective industry guidance, regulations,

operating manuals and relevant policy documents, to the extent

appropriate, to implement each reform in this subparagraph.

(v) Not later than 180 days after December 21, 2000, the

Assistant Attorney General and the Federal Trade Commission shall

each report to Congress -

(I) which reforms each agency has adopted under this

subparagraph;

(II) which steps each has taken to implement such internal

reforms; and

(III) the effects of such reforms.

(2) The Federal Trade Commission or the Assistant Attorney

General, in its or his discretion, may extend the 30-day waiting

period (or in the case of a cash tender offer, the 15-day waiting

period) specified in subsection (b)(1) of this section for an

additional period of not more than 30 days (or in the case of a

cash tender offer, 10 days) after the date on which the Federal

Trade Commission or the Assistant Attorney General, as the case may

be, receives from any person to whom a request is made under

paragraph (1), or in the case of tender offers, the acquiring

person, (A) all the information and documentary material required

to be submitted pursuant to such a request, or (B) if such request

is not fully complied with, the information and documentary

material submitted and a statement of the reasons for such

noncompliance. Such additional period may be further extended only

by the United States district court, upon an application by the

Federal Trade Commission or the Assistant Attorney General pursuant

to subsection (g)(2) of this section.

(f) Preliminary injunctions; hearings

If a proceeding is instituted or an action is filed by the

Federal Trade Commission, alleging that a proposed acquisition

violates section 18 of this title, or section 45 of this title, or

an action is filed by the United States, alleging that a proposed

acquisition violates such section 18 of this title, or section 1 or

2 of this title, and the Federal Trade Commission or the Assistant

Attorney General (1) files a motion for a preliminary injunction

against consummation of such acquisition pendente lite, and (2)

certifies the United States district court for the judicial

district within which the respondent resides or carries on

business, or in which the action is brought, that it or he believes

that the public interest requires relief pendente lite pursuant to

this subsection, then upon the filing of such motion and

certification, the chief judge of such district court shall

immediately notify the chief judge of the United States court of

appeals for the circuit in which such district court is located,

who shall designate a United States district judge to whom such

action shall be assigned for all purposes.

(g) Civil penalty; compliance; power of court

(1) Any person, or any officer, director, or partner thereof, who

fails to comply with any provision of this section shall be liable

to the United States for a civil penalty of not more than $10,000

for each day during which such person is in violation of this

section. Such penalty may be recovered in a civil action brought

by the United States.

(2) If any person, or any officer, director, partner, agent, or

employee thereof, fails substantially to comply with the

notification requirement under subsection (a) of this section or

any request for the submission of additional information or

documentary material under subsection (e)(1) of this section within

the waiting period specified in subsection (b)(1) of this section

and as may be extended under subsection (e)(2) of this section, the

United States district court -

(A) may order compliance;

(B) shall extend the waiting period specified in subsection

(b)(1) of this section and as may have been extended under

subsection (e)(2) of this section until there has been

substantial compliance, except that, in the case of a tender

offer, the court may not extend such waiting period on the basis

of a failure, by the person whose stock is sought to be acquired,

to comply substantially with such notification requirement or any

such request; and

(C) may grant such other equitable relief as the court in its

discretion determines necessary or appropriate,

upon application of the Federal Trade Commission or the Assistant

Attorney General.

(h) Disclosure exemption

Any information or documentary material filed with the Assistant

Attorney General or the Federal Trade Commission pursuant to this

section shall be exempt from disclosure under section 552 of title

5, and no such information or documentary material may be made

public, except as may be relevant to any administrative or judicial

action or proceeding. Nothing in this section is intended to

prevent disclosure to either body of Congress or to any duly

authorized committee or subcommittee of the Congress.

(i) Construction with other laws

(1) Any action taken by the Federal Trade Commission or the

Assistant Attorney General or any failure of the Federal Trade

Commission or the Assistant Attorney General to take any action

under this section shall not bar any proceeding or any action with

respect to such acquisition at any time under any other section of

this Act or any other provision of law.

(2) Nothing contained in this section shall limit the authority

of the Assistant Attorney General or the Federal Trade Commission

to secure at any time from any person documentary material, oral

testimony, or other information under the Antitrust Civil Process

Act (15 U.S.C. 1311 et seq.), the Federal Trade Commission Act (15

U.S.C. 41 et seq.), or any other provision of law.

(j) Omitted

(k) Extensions of time

If the end of any period of time provided in this section falls

on a Saturday, Sunday, or legal public holiday (as defined in

section 6103(a) of title 5), then such period shall be extended to

the end of the next day that is not a Saturday, Sunday, or legal

public holiday.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 7A, as added Pub. L. 94-435, title

II, Sec. 201, Sept. 30, 1976, 90 Stat. 1390; amended Pub. L.

98-620, title IV, Sec. 402(10)(A), Nov. 8, 1984, 98 Stat. 3358;

Pub. L. 101-73, title XII, Sec. 1214, Aug. 9, 1989, 103 Stat. 529;

Pub. L. 106-102, title I, Sec. 133(c), Nov. 12, 1999, 113 Stat.

1383; Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec. 630(a), (c),

(d)), Dec. 21, 2000, 114 Stat. 2762, 2762A-108, 2762A-110.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsecs. (c), (d), are defined

in section 12 of this title.

This Act, referred to in subsec. (i)(1), is act Oct. 15, 1914,

ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which

is classified generally to sections 12, 13, 14 to 19, 20, 21, and

22 to 27 of this title, and sections 52 and 53 of Title 29, Labor.

For further details and complete classification of this Act to the

Code, see References in Text note set out under section 12 of this

title and Tables.

The Federal Trade Commission Act, referred to in subsec. (i)(2),

is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

The Antitrust Civil Process Act, referred to in subsec. (i)(2),

is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which

is classified generally to chapter 34 (Sec. 1311 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1311 of this title and

Tables.

-COD-

CODIFICATION

December 21, 2000, referred to in subsec. (e)(1)(B), was in the

original ''the date of the enactment of this Act'' which was

translated as meaning the date of enactment of Pub. L. 106-553,

which enacted subsec. (e)(1)(B), to reflect the probable intent of

Congress.

Subsection (j), which required the Federal Trade Commission, with

the concurrence of the Assistant Attorney General, to report

annually to Congress on the operation of this section, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 172 of House Document No. 103-7.

-MISC3-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec.

630(a)), amended subsec. (a) generally, reenacting introductory

provisions, par. (1), and concluding provisions without change,

adding par. (2), and striking out former pars. (2) and (3) which

read as follows:

''(2)(A) any voting securities or assets of a person engaged in

manufacturing which has annual net sales or total assets of

$10,000,000 or more are being acquired by any person which has

total assets or annual net sales of $100,000,000 or more;

''(B) any voting securities or assets of a person not engaged in

manufacturing which has total assets of $10,000,000 or more are

being acquired by any person which has total assets or annual net

sales of $100,000,000 or more; or

''(C) any voting securities or assets of a person with annual net

sales or total assets of $100,000,000 or more are being acquired by

any person with total assets or annual net sales of $10,000,000 or

more; and

''(3) as a result of such acquisition, the acquiring person would

hold -

''(A) 15 per centum or more of the voting securities or assets

of the acquired person, or

''(B) an aggregate total amount of the voting securities and

assets of the acquired person in excess of $15,000,000.''

Subsec. (e)(1). Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec.

630(c)), designated existing provisions as subpar. (A) and added

subpar. (B).

Subsec. (e)(2). Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec.

630(d)(1)), substituted ''30 days'' for ''20 days''.

Subsec. (k). Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec.

630(d)(2)), added subsec. (k).

1999 - Subsec. (c)(7). Pub. L. 106-102, Sec. 133(c)(1), inserted

before semicolon at end '', except that a portion of a transaction

is not exempt under this paragraph if such portion of the

transaction (A) is subject to section 1843(k) of title 12; and (B)

does not require agency approval under section 1842 of title 12''.

Subsec. (c)(8). Pub. L. 106-102, Sec. 133(c)(2), inserted before

semicolon at end '', except that a portion of a transaction is not

exempt under this paragraph if such portion of the transaction (A)

is subject to section 1843(k) of title 12; and (B) does not require

agency approval under section 1843 of title 12''.

1989 - Subsec. (c)(7). Pub. L. 101-73, Sec. 1214(1), inserted

reference to section 1467a(e) of title 12.

Subsec. (c)(8). Pub. L. 101-73, Sec. 1214(2), struck out

reference to section 1726 or 1730a(e) of title 12.

1984 - Subsec. (f)(2). Pub. L. 98-620 struck out designation

''(A)'' before ''upon the filing'', and struck out subpar. (B)

which had provided that if the Federal Trade Commission or the

Assistant Attorney General certified that he or it believed that

the public interest required relief pendente lite pursuant to this

subsection, the motion for a preliminary injunction had to be set

down for hearing by the district judge so designated at the

earliest practicable time, would take precedence over all matters

except older matters of the same character and trials pursuant to

section 3161 of title 18, and had to be in every way expedited.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec. 630(e)), Dec. 21,

2000, 114 Stat. 2762, 2762A-111, provided that: ''This section

(amending this section and provisions set out as a note under this

section) and the amendments made by this section shall take effect

on the 1st day of the 1st month that begins more than 30 days after

the date of the enactment of this Act (Dec. 21, 2000).''

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-102 effective 120 days after Nov. 12,

1999, see section 161 of Pub. L. 106-102, set out as a note under

section 24 of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE

Section 202 of Pub. L. 94-435 provided that: ''The amendment made

by section 201 of this Act (enacting this section) shall take

effect 150 days after the date of enactment of this Act (Sept. 30,

1976), except that subsection (d) of section 7A of the Clayton Act

(subsec. (d) of this section) (as added by section 201 of this Act)

shall take effect on the date of enactment of this Act.''

ASSESSMENT AND COLLECTION OF FILING FEES

Pub. L. 101-162, title VI, Sec. 605, Nov. 21, 1989, 103 Stat.

1031, as amended by Pub. L. 101-302, title II, May 25, 1990, 104

Stat. 217; Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1847;

Pub. L. 103-317, title I, Aug. 26, 1994, 108 Stat. 1739; Pub. L.

106-553, Sec. 1(a)(2) (title VI, Sec. 630(b)), Dec. 21, 2000, 114

Stat. 2762, 2762A-109, provided that:

''(a) Five working days after enactment of this Act (Nov. 21,

1989) and thereafter, the Federal Trade Commission shall assess and

collect filing fees established in subsection (b) which shall be

paid by persons acquiring voting securities or assets who are

required to file premerger notifications by the (sic) section 7A of

the Clayton Act (15 U.S.C. 18a) and the regulations promulgated

thereunder. For purposes of said Act, no notification shall be

considered filed until payment of the fee required by this

section. Fees collected pursuant to this section shall be divided

evenly between and credited to the appropriations, Federal Trade

Commission, 'Salaries and Expenses' and Department of Justice,

'Salaries and Expenses, Antitrust Division': Provided, That fees in

excess of $40,000,000 in fiscal year 1990 shall be deposited to the

credit of the Treasury of the United States: Provided further, That

fees made available to the Federal Trade Commission and the

Antitrust Division herein shall remain available until expended.

''(b) The filing fees referred to in subsection (a) are -

''(1) $45,000 if the aggregate total amount determined under

section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is less

than $100,000,000 (as adjusted and published for each fiscal year

beginning after September 30, 2004, in the same manner as

provided in section 8(a)(5) of the Clayton Act (15 U.S.C.

19(a)(5)) to reflect the percentage change in the gross national

product for such fiscal year compared to the gross national

product for the year ending September 30, 2003);

''(2) $125,000 if the aggregate total amount determined under

section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not

less than $100,000,000 (as so adjusted and published) but less

than $500,000,000 (as so adjusted and published); and

''(3) $280,000 if the aggregate total amount determined under

section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not

less than $500,000,000 (as so adjusted and published).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6204 of this title; title

11 section 363.

-CITE-

15 USC Sec. 19 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 19. Interlocking directorates and officers

-STATUTE-

(a)(1) No person shall, at the same time, serve as a director or

officer in any two corporations (other than banks, banking

associations, and trust companies) that are -

(A) engaged in whole or in part in commerce; and

(B) by virtue of their business and location of operation,

competitors, so that the elimination of competition by agreement

between them would constitute a violation of any of the antitrust

laws;

if each of the corporations has capital, surplus, and undivided

profits aggregating more than $10,000,000 as adjusted pursuant to

paragraph (5) of this subsection.

(2) Notwithstanding the provisions of paragraph (1), simultaneous

service as a director or officer in any two corporations shall not

be prohibited by this section if -

(A) the competitive sales of either corporation are less than

$1,000,000, as adjusted pursuant to paragraph (5) of this

subsection;

(B) the competitive sales of either corporation are less than 2

per centum of that corporation's total sales; or

(C) the competitive sales of each corporation are less than 4

per centum of that corporation's total sales.

For purposes of this paragraph, ''competitive sales'' means the

gross revenues for all products and services sold by one

corporation in competition with the other, determined on the basis

of annual gross revenues for such products and services in that

corporation's last completed fiscal year. For the purposes of this

paragraph, ''total sales'' means the gross revenues for all

products and services sold by one corporation over that

corporation's last completed fiscal year.

(3) The eligibility of a director or officer under the provisions

of paragraph (1) shall be determined by the capital, surplus and

undivided profits, exclusive of dividends declared but not paid to

stockholders, of each corporation at the end of that corporation's

last completed fiscal year.

(4) For purposes of this section, the term ''officer'' means an

officer elected or chosen by the Board of Directors.

(5) For each fiscal year commencing after September 30, 1990, the

$10,000,000 and $1,000,000 thresholds in this subsection shall be

increased (or decreased) as of October 1 each year by an amount

equal to the percentage increase (or decrease) in the gross

national product, as determined by the Department of Commerce or

its successor, for the year then ended over the level so

established for the year ending September 30, 1989. As soon as

practicable, but not later than January 31 of each year, the

Federal Trade Commission shall publish the adjusted amounts

required by this paragraph.

(b) When any person elected or chosen as a director or officer of

any corporation subject to the provisions hereof is eligible at the

time of his election or selection to act for such corporation in

such capacity, his eligibility to act in such capacity shall not be

affected by any of the provisions hereof by reason of any change in

the capital, surplus and undivided profits, or affairs of such

corporation from whatever cause, until the expiration of one year

from the date on which the event causing ineligibility occurred.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 8, 38 Stat. 732; May 15, 1916, ch.

120, 39 Stat. 121; May 26, 1920, ch. 206, 41 Stat. 626; Mar. 9,

1928, ch. 165, 45 Stat. 253; Mar. 2, 1929, ch. 581, 45 Stat. 1536;

Aug. 23, 1935, ch. 614, Sec. 329, 49 Stat. 717; Pub. L. 101-588,

Sec. 2, Nov. 16, 1990, 104 Stat. 2879; Pub. L. 103-203, Sec. 1,

Dec. 17, 1993, 107 Stat. 2368.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (a)(1)(B), are defined

in section 12 of this title.

-MISC2-

AMENDMENTS

1993 - Subsec. (a)(5). Pub. L. 103-203 substituted ''January 31''

for ''October 30''.

1990 - Pub. L. 101-588 amended section generally, completely

revising it in form by substituting text divided into a subsec. (a)

consisting of five numbered paragraphs and a subsec. (b) consisting

of a single unnumbered paragraph for former provisions which had

consisted of a series of five undesignated paragraphs, and in

substance by increasing the jurisdictional threshold for

application of the section to corporations from $1,000,000 in net

worth to $10,000,000 in net worth, creating three ''de minimis''

exceptions to applications of the section in cases of insignificant

competitive overlaps, and expanding the section to cover officers

elected or chosen by the Board of Directors.

1935 - Act Aug. 23, 1935, amended section generally.

1929 - Act Mar. 2, 1929, amended second par.

1928 - Act Mar. 9, 1928, amended second par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18a, 21, 26 of this

title; title 12 section 3205.

-CITE-

15 USC Sec. 19a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 19a. Repealed. Aug. 23, 1935, ch. 614, Sec. 329, 49 Stat. 717

-MISC1-

Section, act Oct. 15, 1914, ch. 323, Sec. 8a, as added June 16,

1933, ch. 89, Sec. 33, 48 Stat. 194, related to interlocking

corporations or partnerships making loans on securities.

-CITE-

15 USC Sec. 20 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 20. Repealed. Pub. L. 101-588, Sec. 3, Nov. 16, 1990, 104

Stat. 2880

-MISC1-

Section, act Oct. 15, 1914, ch. 323, Sec. 10, 38 Stat. 734,

related to a $50,000 yearly, aggregate limitation on purchases and

contracts between a common carrier and any entity with whom such

carrier has any form of interlocking directorate, etc., required

filing with ICC of a full statement of transactions excluded from

such limitation, and set forth fines and penalties for violation of

such limitation.

-CITE-

15 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 21. Enforcement provisions

-STATUTE-

(a) Commission, Board, or Secretary authorized to enforce

compliance

Authority to enforce compliance with sections 13, 14, 18, and 19

of this title by the persons respectively subject thereto is vested

in the Surface Transportation Board where applicable to common

carriers subject to jurisdiction under subtitle IV of title 49; in

the Federal Communications Commission where applicable to common

carriers engaged in wire or radio communication or radio

transmission of energy; in the Secretary of Transportation where

applicable to air carriers and foreign air carriers subject to part

A of subtitle VII of title 49; in the Board of Governors of the

Federal Reserve System where applicable to banks, banking

associations, and trust companies; and in the Federal Trade

Commission where applicable to all other character of commerce to

be exercised as follows:

(b) Issuance of complaints for violations; hearing; intervention;

filing of testimony; report; cease and desist orders; reopening

and alteration of reports or orders

Whenever the Commission, Board, or Secretary vested with

jurisdiction thereof shall have reason to believe that any person

is violating or has violated any of the provisions of sections 13,

14, 18, and 19 of this title, it shall issue and serve upon such

person and the Attorney General a complaint stating its charges in

that respect, and containing a notice of a hearing upon a day and

at a place therein fixed at least thirty days after the service of

said complaint. The person so complained of shall have the right

to appear at the place and time so fixed and show cause why an

order should not be entered by the Commission, Board, or Secretary

requiring such person to cease and desist from the violation of the

law so charged in said complaint. The Attorney General shall have

the right to intervene and appear in said proceeding and any person

may make application, and upon good cause shown may be allowed by

the Commission, Board, or Secretary, to intervene and appear in

said proceeding by counsel or in person. The testimony in any such

proceeding shall be reduced to writing and filed in the office of

the Commission, Board, or Secretary. If upon such hearing the

Commission, Board, or Secretary, as the case may be, shall be of

the opinion that any of the provisions of said sections have been

or are being violated, it shall make a report in writing, in which

it shall state its findings as to the facts, and shall issue and

cause to be served on such person an order requiring such person to

cease and desist from such violations, and divest itself of the

stock, or other share capital, or assets, held or rid itself of the

directors chosen contrary to the provisions of sections 18 and 19

of this title, if any there be, in the manner and within the time

fixed by said order. Until the expiration of the time allowed for

filing a petition for review, if no such petition has been duly

filed within such time, or, if a petition for review has been filed

within such time then until the record in the proceeding has been

filed in a court of appeals of the United States, as hereinafter

provided, the Commission, Board, or Secretary may at any time, upon

such notice and in such manner as it shall deem proper, modify or

set aside, in whole or in part, any report or any order made or

issued by it under this section. After the expiration of the time

allowed for filing a petition for review, if no such petition has

been duly filed within such time, the Commission, Board, or

Secretary may at any time, after notice and opportunity for

hearing, reopen and alter, modify, or set aside, in whole or in

part, any report or order made or issued by it under this section,

whenever in the opinion of the Commission, Board, or Secretary

conditions of fact or of law have so changed as to require such

action or if the public interest shall so require: Provided,

however, That the said person may, within sixty days after service

upon him or it of said report or order entered after such a

reopening, obtain a review thereof in the appropriate court of

appeals of the United States, in the manner provided in subsection

(c) of this section.

(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

Any person required by such order of the commission, board, or

Secretary to cease and desist from any such violation may obtain a

review of such order in the court of appeals of the United States

for any circuit within which such violation occurred or within

which such person resides or carries on business, by filing in the

court, within sixty days after the date of the service of such

order, a written petition praying that the order of the commission,

board, or Secretary be set aside. A copy of such petition shall be

forthwith transmitted by the clerk of the court to the commission,

board, or Secretary, and thereupon the commission, board, or

Secretary shall file in the court the record in the proceeding, as

provided in section 2112 of title 28. Upon such filing of the

petition the court shall have jurisdiction of the proceeding and of

the question determined therein concurrently with the commission,

board, or Secretary until the filing of the record, and shall have

power to make and enter a decree affirming, modifying, or setting

aside the order of the commission, board, or Secretary, and

enforcing the same to the extent that such order is affirmed, and

to issue such writs as are ancillary to its jurisdiction or are

necessary in its judgment to prevent injury to the public or to

competitors pendente lite. The findings of the commission, board,

or Secretary as to the facts, if supported by substantial evidence,

shall be conclusive. To the extent that the order of the

commission, board, or Secretary is affirmed, the court shall issue

its own order commanding obedience to the terms of such order of

the commission, board, or Secretary. If either party shall apply to

the court for leave to adduce additional evidence, and shall show

to the satisfaction of the court that such additional evidence is

material and that there were reasonable grounds for the failure to

adduce such evidence in the proceeding before the commission,

board, or Secretary, the court may order such additional evidence

to be taken before the commission, board, or Secretary, and to be

adduced upon the hearing in such manner and upon such terms and

conditions as to the court may seem proper. The commission, board,

or Secretary may modify its findings as to the facts, or make new

findings, by reason of the additional evidence so taken, and shall

file such modified or new findings, which if supported by

substantial evidence, shall be conclusive, and its recommendation,

if any, for the modification or setting aside of its original

order, with the return of such additional evidence. The judgment

and decree of the court shall be final, except that the same shall

be subject to review by the Supreme Court upon certiorari, as

provided in section 1254 of title 28.

(d) Exclusive jurisdiction of Court of Appeals

Upon the filing of the record with its jurisdiction of the court

of appeals to affirm, enforce, modify, or set aside orders of the

commission, board, or Secretary shall be exclusive.

(e) Liability under antitrust laws

No order of the commission, board, or Secretary or judgment of

the court to enforce the same shall in anywise relieve or absolve

any person from any liability under the antitrust laws.

(f) Service of complaints, orders and other processes

Complaints, orders, and other processes of the commission, board,

or Secretary under this section may be serviced by anyone duly

authorized by the commission, board, or Secretary, either (1) by

delivering a copy thereof to the person to be served, or to a

member of the partnership to be served, or to the president,

secretary, or other executive officer or a director of the

corporation to be served; or (2) by leaving a copy thereof at the

residence or the principal office or place of business of such

person; or (3) by mailing by registered or certified mail a copy

thereof addressed to such person at his or its residence or

principal office or place of business. The verified return by the

person so serving said complaint, order, or other process setting

forth the manner of said service shall be proof of the same, and

the return post office receipt for said complaint, order, or other

process mailed by registered or certified mail as aforesaid shall

be proof of the service of the same.

(g) Finality of orders generally

Any order issued under subsection (b) of this section shall

become final -

(1) upon the expiration of the time allowed for filing a

petition for review, if no such petition has been duly filed

within such time; but the commission, board, or Secretary may

thereafter modify or set aside its order to the extent provided

in the last sentence of subsection (b) of this section; or

(2) upon the expiration of the time allowed for filing a

petition for certiorari, if the order of the commission, board,

or Secretary has been affirmed, or the petition for review has

been dismissed by the court of appeals, and no petition for

certiorari has been duly filed; or

(3) upon the denial of a petition for certiorari, if the order

of the commission, board, or Secretary has been affirmed or the

petition for review has been dismissed by the court of appeals;

or

(4) upon the expiration of thirty days from the date of

issuance of the mandate of the Supreme Court, if such Court

directs that the order of the commission, board, or Secretary be

affirmed or the petition for review be dismissed.

(h) Finality of orders modified by Supreme Court

If the Supreme Court directs that the order of the commission,

board, or Secretary be modified or set aside, the order of the

commission, board, or Secretary rendered in accordance with the

mandate of the Supreme Court shall become final upon the expiration

of thirty days from the time it was rendered, unless within such

thirty days either party has instituted proceedings to have such

order corrected to accord with the mandate, in which event the

order of the commission, board, or Secretary shall become final

when so corrected.

(i) Finality of orders modified by Court of Appeals

If the order of the commission, board, or Secretary is modified

or set aside by the court of appeals, and if (1) the time allowed

for filing a petition for certiorari has expired and no such

petition has been duly filed, or (2) the petition for certiorari

has been denied, or (3) the decision of the court has been affirmed

by the Supreme Court then the order of the commission, board, or

Secretary rendered in accordance with the mandate of the court of

appeals shall become final on the expiration of thirty days from

the time such order of the commission, board, or Secretary was

rendered, unless within such thirty days either party has

instituted proceedings to have such order corrected so that it will

accord with the mandate, in which event the order of the

commission, board, or Secretary shall become final when so

corrected.

(j) Finality of orders issued on rehearing ordered by Court of

Appeals or Supreme Court

If the Supreme Court orders a rehearing; or if the case is

remanded by the court of appeals to the commission, board, or

Secretary for a rehearing, and if (1) the time allowed for filing a

petition for certiorari has expired, and no such petition has been

duly filed, or (2) the petition for certiorari has been denied, or

(3) the decision of the court has been affirmed by the Supreme

Court, then the order of the commission, board, or Secretary

rendered upon such rehearing shall become final in the same manner

as though no prior order of the commission, board, or Secretary had

been rendered.

(k) ''Mandate'' defined

As used in this section the term ''mandate'', in case a mandate

has been recalled prior to the expiration of thirty days from the

date of issuance thereof, means the final mandate.

(l) Penalties

Any person who violates any order issued by the commission,

board, or Secretary under subsection (b) of this section after such

order has become final, and while such order is in effect, shall

forfeit and pay to the United States a civil penalty of not more

than $5,000 for each violation, which shall accrue to the United

States and may be recovered in a civil action brought by the United

States. Each separate violation of any such order shall be a

separate offense, except that in the case of a violation through

continuing failure or neglect to obey a final order of the

commission, board, or Secretary each day of continuance of such

failure or neglect shall be deemed a separate offense.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 11, 38 Stat. 734; June 19, 1934, ch.

652, title VII, Sec. 702(d), formerly title VI, Sec. 602(d), 48

Stat. 1102; renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98

Stat. 2804; Aug. 23, 1935, ch. 614, Sec. 203(a), 49 Stat. 704; June

23, 1938, ch. 601, Sec. 1107(g), 52 Stat. 1028; June 25, 1948, ch.

646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63

Stat. 107; Dec. 29, 1950, ch. 1184, 64 Stat. 1125; Pub. L. 85-726,

title XIV, Sec. 1401(b), Aug. 23, 1958, 72 Stat. 806; Pub. L.

85-791, Sec. 4, Aug. 28, 1958, 72 Stat. 943; Pub. L. 86-107, Sec.

1, July 23, 1959, 73 Stat. 243; Pub. L. 98-443, Sec. 9(m), Oct. 4,

1984, 98 Stat. 1708; Pub. L. 98-620, title IV, Sec. 402(10)(B),

Nov. 8, 1984, 98 Stat. 3358; Pub. L. 104-88, title III, Sec.

318(2), Dec. 29, 1995, 109 Stat. 949.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (e), are defined in

section 12 of this title.

-COD-

CODIFICATION

In subsec. (a), ''part A of subtitle VII of title 49''

substituted for ''the Federal Aviation Act of 1958 (49 App. U.S.C.

1301 et seq.)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49.

-MISC3-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted ''Surface

Transportation Board where applicable to common carriers subject to

jurisdiction under subtitle IV of title 49'' for ''Interstate

Commerce Commission where applicable to common carriers subject to

the Interstate Commerce Act, as amended''.

1984 - Subsec. (a). Pub. L. 98-443, Sec. 9(m)(1), substituted

''Secretary of Transportation where applicable to air carriers and

foreign air carriers subject to the Federal Aviation Act of 1958''

for ''Civil Aeronautics Board where applicable to air carriers and

foreign air carriers subject to the Civil Aeronautics Act of

1938''.

Subsec. (b). Pub. L. 98-443, Sec. 9(m)(2), substituted

''Commission, Board, or Secretary'' for ''Commission or Board''

wherever appearing.

Subsecs. (c), (d). Pub. L. 98-443, Sec. 9(m)(3), substituted

''commission, board, or Secretary'' for ''commission or board''

wherever appearing.

Subsec. (e). Pub. L. 98-620 struck out provision that such

proceedings in the court of appeals had to be given precedence over

other cases pending therein, and had to be in every way expedited.

Pub. L. 98-443, Sec. 9(m)(3), substituted ''commission, board, or

Secretary'' for ''commission or board''.

Subsecs. (f) to (j), (l). Pub. L. 98-443, Sec. 9(m)(3),

substituted ''commission, board, or Secretary'' for ''commission or

board'' wherever appearing.

1959 - Pub. L. 86-107 amended section generally, and among other

changes, authorized the Commission or Board, upon notice and

opportunity for hearing, in cases where a petition for review has

not been filed within the time allowed, to reopen and alter,

modify, or set aside, in whole or in part, any report or order,

whenever conditions of fact or law have so changed as to require

such action or if the public interest so requires, and added

subsecs. (g) to (k), providing for finality of orders, and subsec.

(l), prescribing the civil penalty for violation of orders.

1958 - Pub. L. 85-791, Sec. 4(a), struck out ''a transcript of''

after ''Until'' in last sentence of second par.

Pub. L. 85-791, Sec. 4(b), substituted in first sentence of third

par., ''file the record in the proceeding, as provided in section

2112 of title 28'' for ''certify and file with its application a

transcript of the entire record in the proceeding, including all

the testimony taken and the report and order of the Commission or

Board'', and in second sentence of third par., struck out ''and

transcript'' after ''application'', inserted ''concurrently with

the Commission or Board until the filing of the record'', and

struck out ''upon the pleadings, testimony, and proceedings set

forth in such transcript'' after ''make and enter''.

Pub. L. 85-791, Sec. 4(c), substituted in second sentence of

fourth par., ''transmitted by the clerk of the court to'' for

''served upon'' and ''shall file in the court the record in the

proceeding, as provided in section 2112 of title 28'' for

''forthwith shall certify and file in the court a transcript of the

record in the proceeding, as hereinbefore provided'', and in third

sentence of fourth paragraph substituted ''such petition'' for

''the transcript'' and inserted ''determined as provided in section

1009(e) of title 5,''.

Pub. L. 85-791, Sec. 4(d), substituted in fifth par., ''Upon the

filing of the record with it the'' for ''The''.

1950 - Act Dec. 29, 1950, amended section generally to allow the

Attorney General to intervene and appear in any proceeding brought

by any Commission or Board to enforce sections 13, 14, 18, and 19

of this title, but the amendment in nowise affects the jurisdiction

of the Department of Justice to enforce these sections in the

courts.

1938 - Act June 23, 1938, inserted ''in the Civil Aeronautics

Authority where applicable to air carriers and foreign air carriers

subject to the Civil Aeronautics Act of 1938'', and ''authority''

after ''commission'' wherever appearing.

1935 - Act Aug. 23, 1935, changed the name of Federal Reserve

Board to Board of Governors of the Federal Reserve System.

1934 - Act June 19, 1934, amended first par.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,

1949, substituted ''court of appeals'' for ''circuit court of

appeals''.

-MISC4-

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 2 of Pub. L. 86-107 provided that: ''The amendments made

by section 1 (amending this section) shall have no application to

any proceeding initiated before the date of enactment of this Act

(July 23, 1959) under the third or fourth paragraph of section 11

of the Act entitled 'An Act to supplement existing laws against

unlawful restraints and monopolies, and for other purposes',

approved October 15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21)

(this section). Each such proceeding shall be governed by the

provisions of such section as they existed on the day preceding the

date of enactment of this Act.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21a, 57b-1 of this title.

-CITE-

15 USC Sec. 21a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 21a. Actions and proceedings pending prior to June 19, 1936;

additional and continuing violations

-STATUTE-

Nothing herein contained shall affect rights of action arising,

or litigation pending, or orders of the Federal Trade Commission

issued and in effect or pending on review, based on section 13 of

this title, prior to June 19, 1936: Provided, That where, prior to

June 19, 1936, the Federal Trade Commission has issued an order

requiring any person to cease and desist from a violation of

section 13 of this title, and such order is pending on review or is

in effect, either as issued or as affirmed or modified by a court

of competent jurisdiction, and the Commission shall have reason to

believe that such person has committed, used or carried on, since

June 19, 1936, or is committing, using or carrying on, any act,

practice or method in violation of any of the provisions of said

section 13 of this title, it may reopen such original proceedings

and may issue and serve upon such person its complaint,

supplementary to the original complaint, stating its charges in

that respect. Thereupon the same proceedings shall be had upon

such supplementary complaint as provided in section 21 of this

title. If upon such hearing the Commission shall be of the opinion

that any act, practice, or method charged in said supplementary

complaint has been committed, used, or carried on since June 19,

1936, or is being committed, used or carried on, in violation of

said section 13 of this title, it shall make a report in writing in

which it shall state its findings as to the facts and shall issue

and serve upon such person its order modifying or amending its

original order to include any additional violations of law so

found. Thereafter the provisions of section 21 of this title, as

to review and enforcement of orders of the Commission shall in all

things apply to such modified or amended order. If upon review as

provided in said section 21 of this title the court shall set aside

such modified or amended order, the original order shall not be

affected thereby, but it shall be and remain in force and effect as

fully and to the same extent as if such supplementary proceedings

had not been taken.

-SOURCE-

(June 19, 1936, ch. 592, Sec. 2, 49 Stat. 1527.)

-REFTEXT-

REFERENCES IN TEXT

Nothing herein contained, referred to in text, probably means

nothing contained in act June 19, 1936, ch. 592, 49 Stat. 1526,

popularly known as the Robinson-Patman Antidiscrimination Act and

also as the Robinson-Patman Price Discrimination Act, which enacted

sections 13a, 13b, and 21a of this title and amended section 13 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 13 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7430; title 42

sections 6202, 8235f; title 49 section 10706.

-CITE-

15 USC Sec. 22 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 22. District in which to sue corporation

-STATUTE-

Any suit, action, or proceeding under the antitrust laws against

a corporation may be brought not only in the judicial district

whereof it is an inhabitant, but also in any district wherein it

may be found or transacts business; and all process in such cases

may be served in the district of which it is an inhabitant, or

wherever it may be found.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 12, 38 Stat. 736.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

-CITE-

15 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 23. Suits by United States; subpoenas for witnesses

-STATUTE-

In any suit, action, or proceeding brought by or on behalf of the

United States subpoenas for witnesses who are required to attend a

court of the United States in any judicial district in any case,

civil or criminal, arising under the antitrust laws may run into

any other district: Provided, That in civil cases no writ of

subpoena shall issue for witnesses living out of the district in

which the court is held at a greater distance than one hundred

miles from the place of holding the same without the permission of

the trial court being first had upon proper application and cause

shown.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 13, 38 Stat. 736.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

-CITE-

15 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 24. Liability of directors and agents of corporation

-STATUTE-

Whenever a corporation shall violate any of the penal provisions

of the antitrust laws, such violation shall be deemed to be also

that of the individual directors, officers, or agents of such

corporation who shall have authorized, ordered, or done any of the

acts constituting in whole or in part such violation, and such

violation shall be deemed a misdemeanor, and upon conviction

therefor of any such director, officer, or agent he shall be

punished by a fine of not exceeding $5,000 or by imprisonment for

not exceeding one year, or by both, in the discretion of the court.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 14, 38 Stat. 736.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

-CITE-

15 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 25. Restraining violations; procedure

-STATUTE-

The several district courts of the United States are invested

with jurisdiction to prevent and restrain violations of this Act,

and it shall be the duty of the several United States attorneys, in

their respective districts, under the direction of the Attorney

General, to institute proceedings in equity to prevent and restrain

such violations. Such proceedings may be by way of petition

setting forth the case and praying that such violation shall be

enjoined or otherwise prohibited. When the parties complained of

shall have been duly notified of such petition, the court shall

proceed, as soon as may be, to the hearing and determination of the

case; and pending such petition, and before final decree, the court

may at any time make such temporary restraining order or

prohibition as shall be deemed just in the premises. Whenever it

shall appear to the court before which any such proceeding may be

pending that the ends of justice require that other parties should

be brought before the court, the court may cause them to be

summoned whether they reside in the district in which the court is

held or not, and subpoenas to that end may be served in any

district by the marshal thereof.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 15, 38 Stat. 736; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 909.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38

Stat. 730, as amended, which is classified generally to sections

12, 13, 14 to 19, 20, 21, and 22 to 27 of this title, and sections

52 and 53 of Title 29, Labor. For further details and complete

classification of this Act to the Code, see References in Text note

set out under section 12 of this title and Tables.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorneys'' for ''district attorneys of the United States''.

See section 541 et seq. of Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4016 of this title.

-CITE-

15 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 26. Injunctive relief for private parties; exception; costs

-STATUTE-

Any person, firm, corporation, or association shall be entitled

to sue for and have injunctive relief, in any court of the United

States having jurisdiction over the parties, against threatened

loss or damage by a violation of the antitrust laws, including

sections 13, 14, 18, and 19 of this title, when and under the same

conditions and principles as injunctive relief against threatened

conduct that will cause loss or damage is granted by courts of

equity, under the rules governing such proceedings, and upon the

execution of proper bond against damages for an injunction

improvidently granted and a showing that the danger of irreparable

loss or damage is immediate, a preliminary injunction may issue:

Provided, That nothing herein contained shall be construed to

entitle any person, firm, corporation, or association, except the

United States, to bring suit for injunctive relief against any

common carrier subject to the jurisdiction of the Surface

Transportation Board under subtitle IV of title 49. In any action

under this section in which the plaintiff substantially prevails,

the court shall award the cost of suit, including a reasonable

attorney's fee, to such plaintiff.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 16, 38 Stat. 737; Pub. L. 94-435,

title III, Sec. 302(3), Sept. 30, 1976, 90 Stat. 1396; Pub. L.

104-88, title III, Sec. 318(3), Dec. 29, 1995, 109 Stat. 949.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

-MISC2-

AMENDMENTS

1995 - Pub. L. 104-88 substituted ''for injunctive relief against

any common carrier subject to the jurisdiction of the Surface

Transportation Board under subtitle IV of title 49'' for ''in

equity for injunctive relief against any common carrier subject to

the provisions of the Act to regulate commerce, approved February

fourth, eighteen hundred and eighty-seven, in respect of any matter

subject to the regulation, supervision, or other jurisdiction of

the Interstate Commerce Commission.''

1976 - Pub. L. 94-435 inserted provision authorizing court to

award costs, including attorneys' fees, to a successful plaintiff.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4016, 4304 of this title;

title 46 App. section 1706.

-CITE-

15 USC Sec. 26a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 26a. Restrictions on the purchase of gasohol and synthetic

motor fuel

-STATUTE-

(a) Limitations on the use of credit instruments; sales, resales,

and transfers

Except as provided in subsection (b) of this section, it shall be

unlawful for any person engaged in commerce, in the course of such

commerce, directly or indirectly to impose any condition,

restriction, agreement, or understanding that -

(1) limits the use of credit instruments in any transaction

concerning the sale, resale, or transfer of gasohol or other

synthetic motor fuel of equivalent usability in any case in which

there is no similar limitation on transactions concerning such

person's conventional motor fuel; or

(2) otherwise unreasonably discriminates against or

unreasonably limits the sale, resale, or transfer of gasohol or

other synthetic motor fuel of equivalent usability in any case in

which such synthetic or conventional motor fuel is sold for use,

consumption, or resale within the United States.

(b) Credit fees; equivalent conventional motor fuel sales; labeling

of pumps; product liability disclaimers; advertising support;

furnishing facilities

(1) Nothing in this section or in any other provision of law in

effect on December 2, 1980, which is specifically applicable to the

sale of petroleum products shall preclude any person referred to in

subsection (a) of this section from imposing a reasonable fee for

credit on the sale, resale, or transfer of the gasohol or other

synthetic motor fuel referred to in subsection (a) of this section

if such fee equals no more than the actual costs to such person of

extending that credit.

(2) The prohibitions in this section shall not apply to any

person who makes available sufficient supplies of gasohol and other

synthetic motor fuels of equivalent usability to satisfy his

customers' needs for such products, if the gasohol and other

synthetic fuels are made available on terms and conditions which

are equivalent to the terms and conditions on which such person's

conventional motor fuel products are made available.

(3) Nothing in this section shall -

(A) preclude any person referred to in subsection (a) of this

section from requiring reasonable labeling of pumps dispensing

the gasohol or other synthetic motor fuel referred to in

subsection (a) of this section to indicate, as appropriate, that

such gasohol or other synthetic motor fuel is not manufactured,

distributed, or sold by such person;

(B) preclude such person from issuing appropriate disclaimers

of product liability for damage resulting from use of the gasohol

or other synthetic motor fuel;

(C) require such person to provide advertising support for the

gasohol or other synthetic motor fuel; or

(D) require such person to furnish or provide, at such person's

own expense, any additional pumps, tanks, or other related

facilities required for the sale of the gasohol or other

synthetic motor fuel.

(c) ''United States'' defined

As used in this section, ''United States'' includes the several

States, the District of Columbia, any territory of the United

States, and any insular possession or other place under the

jurisdiction of the United States.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 26, as added Pub. L. 96-493, Sec. 2,

Dec. 2, 1980, 94 Stat. 2568.)

-MISC1-

SHORT TITLE

For short title of Pub. L. 96-493 as the ''Gasohol Competition

Act of 1980'', see section 1 of Pub. L. 96-493, set out as a Short

Title of 1980 Amendment note under section 1 of this title.

-CITE-

15 USC Sec. 26b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 26b. Application of antitrust laws to professional major

league baseball

-STATUTE-

(a) Major league baseball subject to antitrust laws

Subject to subsections (b) through (d) of this section, the

conduct, acts, practices, or agreements of persons in the business

of organized professional major league baseball directly relating

to or affecting employment of major league baseball players to play

baseball at the major league level are subject to the antitrust

laws to the same extent such conduct, acts, practices, or

agreements would be subject to the antitrust laws if engaged in by

persons in any other professional sports business affecting

interstate commerce.

(b) Limitation of section

No court shall rely on the enactment of this section as a basis

for changing the application of the antitrust laws to any conduct,

acts, practices, or agreements other than those set forth in

subsection (a) of this section. This section does not create,

permit or imply a cause of action by which to challenge under the

antitrust laws, or otherwise apply the antitrust laws to, any

conduct, acts, practices, or agreements that do not directly relate

to or affect employment of major league baseball players to play

baseball at the major league level, including but not limited to -

(1) any conduct, acts, practices, or agreements of persons

engaging in, conducting or participating in the business of

organized professional baseball relating to or affecting

employment to play baseball at the minor league level, any

organized professional baseball amateur or first-year player

draft, or any reserve clause as applied to minor league players;

(2) the agreement between organized professional major league

baseball teams and the teams of the National Association of

Professional Baseball Leagues, commonly known as the

''Professional Baseball Agreement'', the relationship between

organized professional major league baseball and organized

professional minor league baseball, or any other matter relating

to organized professional baseball's minor leagues;

(3) any conduct, acts, practices, or agreements of persons

engaging in, conducting or participating in the business of

organized professional baseball relating to or affecting

franchise expansion, location or relocation, franchise ownership

issues, including ownership transfers, the relationship between

the Office of the Commissioner and franchise owners, the

marketing or sales of the entertainment product of organized

professional baseball and the licensing of intellectual property

rights owned or held by organized professional baseball teams

individually or collectively;

(4) any conduct, acts, practices, or agreements protected by

Public Law 87-331 (15 U.S.C. Sec. 1291 et seq.) (commonly known

as the ''Sports Broadcasting Act of 1961'');

(5) the relationship between persons in the business of

organized professional baseball and umpires or other individuals

who are employed in the business of organized professional

baseball by such persons; or

(6) any conduct, acts, practices, or agreements of persons not

in the business of organized professional major league baseball.

(c) Standing to sue

Only a major league baseball player has standing to sue under

this section. For the purposes of this section, a major league

baseball player is -

(1) a person who is a party to a major league player's

contract, or is playing baseball at the major league level; or

(2) a person who was a party to a major league player's

contract or playing baseball at the major league level at the

time of the injury that is the subject of the complaint; or

(3) a person who has been a party to a major league player's

contract or who has played baseball at the major league level,

and who claims he has been injured in his efforts to secure a

subsequent major league player's contract by an alleged violation

of the antitrust laws: Provided however, That for the purposes of

this paragraph, the alleged antitrust violation shall not include

any conduct, acts, practices, or agreements of persons in the

business of organized professional baseball relating to or

affecting employment to play baseball at the minor league level,

including any organized professional baseball amateur or

first-year player draft, or any reserve clause as applied to

minor league players; or

(4) a person who was a party to a major league player's

contract or who was playing baseball at the major league level at

the conclusion of the last full championship season immediately

preceding the expiration of the last collective bargaining

agreement between persons in the business of organized

professional major league baseball and the exclusive collective

bargaining representative of major league baseball players.

(d) Conduct, acts, practices, or agreements subject to antitrust

laws

(1) As used in this section, ''person'' means any entity,

including an individual, partnership, corporation, trust or

unincorporated association or any combination or association

thereof. As used in this section, the National Association of

Professional Baseball Leagues, its member leagues and the clubs of

those leagues, are not ''in the business of organized professional

major league baseball''.

(2) In cases involving conduct, acts, practices, or agreements

that directly relate to or affect both employment of major league

baseball players to play baseball at the major league level and

also relate to or affect any other aspect of organized professional

baseball, including but not limited to employment to play baseball

at the minor league level and the other areas set forth in

subsection (b) of this section, only those components, portions or

aspects of such conduct, acts, practices, or agreements that

directly relate to or affect employment of major league players to

play baseball at the major league level may be challenged under

subsection (a) of this section and then only to the extent that

they directly relate to or affect employment of major league

baseball players to play baseball at the major league level.

(3) As used in subsection (a) of this section, interpretation of

the term ''directly'' shall not be governed by any interpretation

of section 151 et seq. of title 29, United States Code (as

amended).

(4) Nothing in this section shall be construed to affect the

application to organized professional baseball of the nonstatutory

labor exemption from the antitrust laws.

(5) The scope of the conduct, acts, practices, or agreements

covered by subsection (b) of this section shall not be strictly or

narrowly construed.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 27, as added Pub. L. 105-297, Sec. 3,

Oct. 27, 1998, 112 Stat. 2824.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are defined in section

12 of this title.

Public Law 87-331, referred to in subsec. (b)(4), is Pub. L.

87-331, Sept. 30, 1961, 75 Stat. 732, as amended, which is

classified generally to chapter 32 (Sec. 1291 et seq.) of this

title. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

Another section 27 of act Oct. 15, 1914, ch. 323, was renumbered

section 28 and is classified to section 27 of this title.

-MISC3-

PURPOSE

Pub. L. 105-297, Sec. 2, Oct. 27, 1998, 112 Stat. 2824, provided

that: ''It is the purpose of this legislation to state that major

league baseball players are covered under the antitrust laws (i.e.,

that major league baseball players will have the same rights under

the antitrust laws as do other professional athletes, e.g.,

football and basketball players), along with a provision that makes

it clear that the passage of this Act (enacting this section and

provisions set out as a note under section 1 of this title) does

not change the application of the antitrust laws in any other

context or with respect to any other person or entity.''

-CITE-

15 USC Sec. 27 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 27. Effect of partial invalidity

-STATUTE-

If any clause, sentence, paragraph, or part of this Act shall,

for any reason, be adjudged by any court of competent jurisdiction

to be invalid, such judgment shall not affect, impair, or

invalidate the remainder thereof, but shall be confined in its

operation to the clause, sentence, paragraph, or part thereof

directly involved in the controversy in which such judgment shall

have been rendered.

-SOURCE-

(Oct. 15, 1914, ch. 323, Sec. 28, formerly Sec. 26, 38 Stat. 740;

renumbered Sec. 27, Pub. L. 96-493, Sec. 2, Dec. 2, 1980, 94 Stat.

2568; renumbered Sec. 28, Pub. L. 107-273, div. C, title IV, Sec.

14102(d), Nov. 2, 2002, 116 Stat. 1922.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38

Stat. 730, as amended, known as the Clayton Act, which is

classified generally to sections 12, 13, 14 to 19, 20, 21, and 22

to 27 of this title, and sections 52 and 53 of Title 29, Labor. For

further details and complete classification of this Act to the

Code, see References in Text note set out under section 12 of this

title and Tables.

-CITE-

15 USC Sec. 27a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 27a. Transferred

-COD-

CODIFICATION

Section, act Oct. 15, 1914, ch. 323, Sec. 27, as added Pub. L.

105-297, Sec. 3, Oct. 27, 1998, 112 Stat. 2824, which related to

application of antitrust laws to professional major league

baseball, was transferred to section 26b of this title.

-CITE-

15 USC Sec. 28 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 28. Repealed. Pub. L. 98-620, title IV, Sec. 402(11), Nov. 8,

1984, 98 Stat. 3358

-MISC1-

Section, acts Feb. 11, 1903, ch. 544, Sec. 1, 32 Stat. 823; June

25, 1910, ch. 428, 36 Stat. 854; Mar. 3, 1911, ch. 231, Sec. 291,

36 Stat. 1167; Apr. 6, 1942, ch. 210, Sec. 1, 56 Stat. 198; June

25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Dec. 21, 1974, Pub. L. 93-528, Sec. 4, 88

Stat. 1708, related to expedition of actions by the United States

involving general public importance.

EFFECTIVE DATE OF REPEAL

Repeal not applicable to cases pending on Nov. 8, 1984, see

section 403 of Pub. L. 98-620, set out as an Effective Date note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-CITE-

15 USC Sec. 29 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 29. Appeals

-STATUTE-

(a) Court of appeals; review by Supreme Court

Except as otherwise expressly provided by this section, in every

civil action brought in any district court of the United States

under the Act entitled ''An Act to protect trade and commerce

against unlawful restraints and monopolies'', approved July 2,

1890, or any other Acts having like purpose that have been or

hereafter may be enacted, in which the United States is the

complainant and equitable relief is sought, any appeal from a final

judgement entered in any such action shall be taken to the court of

appeals pursuant to sections 1291 and 2107 of title 28. Any appeal

from an interlocutory order entered in any such action shall be

taken to the court of appeals pursuant to sections 1292(a)(1) and

2107 of title 28 but not otherwise. Any judgment entered by the

court of appeals in any such action shall be subject to review by

the Supreme Court upon a writ of certiorari as provided in section

1254(1) of title 28.

(b) Direct appeals to Supreme Court

An appeal from a final judgment pursuant to subsection (a) of

this section shall lie directly to the Supreme Court, if, upon

application of a party filed within fifteen days of the filing of a

notice of appeal, the district judge who adjudicated the case

enters an order stating that immediate consideration of the appeal

by the Supreme Court is of general public importance in the

administration of justice. Such order shall be filed within thirty

days after the filing of a notice of appeal. When such an order is

filed, the appeal and any cross appeal shall be docketed in the

time and manner prescribed by the rules of the Supreme Court. The

Supreme Court shall thereupon either (1) dispose of the appeal and

any cross appeal in the same manner as any other direct appeal

authorized by law, or (2) in its discretion, deny the direct appeal

and remand the case to the court of appeals, which shall then have

jurisdiction to hear and determine the same as if the appeal and

any cross appeal therein had been docketed in the court of appeals

in the first instance pursuant to subsection (a) of this section.

-SOURCE-

(Feb. 11, 1903, ch. 544, Sec. 2, 32 Stat. 823; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167; June 9, 1944, ch. 239, 58 Stat. 272;

June 25, 1948, ch. 646, Sec. 17, 62 Stat. 989; Pub. L. 93-528, Sec.

5, Dec. 21, 1974, 88 Stat. 1709.)

-REFTEXT-

REFERENCES IN TEXT

The Act entitled ''An Act to protect trade and commerce against

unlawful restraints and monopolies'', approved July 2, 1890,

referred to in subsec. (a), is known as the Sherman Act, and is

classified to sections 1 to 7 of this title.

-COD-

CODIFICATION

Section was previously set out in both this section and in

section 45 of former Title 49, Transportation.

-MISC3-

AMENDMENTS

1974 - Pub. L. 93-528 substituted provisions for appeals to the

court of appeals from civil actions in district courts where

equitable relief is sought, review by the Supreme Court of

judgments of courts of appeals, and for direct appeals to the

Supreme Court of cases involving general public importance, for

provisions that appeals from final judgments of district courts lie

to the Supreme Court only.

1948 - Act June 25, 1948, amended section generally to strike out

provisions relating to time for appeal, procedure, etc. See

sections 2101 and 2109 of Title 28, Judiciary and Judicial

Procedure.

1944 - Act June 9, 1944, provided for certification of case to

circuit court of appeals when there was no quorum of Justices of

the Supreme Court qualified to participate in the consideration of

the case and for designation of circuit judges in the event of

disqualification from hearing the case.

-CHANGE-

CHANGE OF NAME

Act Mar. 3, 1911, which transferred the powers and duties of the

circuit courts to the district courts, substituted ''district

court'' for ''circuit court''.

-MISC4-

EFFECTIVE DATE OF 1974 AMENDMENT

Section 7 of Pub. L. 93-528 provided that: ''The amendment made

by section 5 of this Act (amending this section) shall not apply to

an action in which a notice of appeal to the Supreme Court has been

filed on or before the fifteenth day following the date of

enactment of this Act (Dec. 21, 1974). Appeal in any such action

shall be taken pursuant to the provisions of section 2 of the Act

of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29;

(former) 49 U.S.C. 45) which were in effect on the day preceding

the date of enactment of this Act.''

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

EFFECTIVE DATE OF 1944 AMENDMENT

The last paragraph of act June 9, 1944, provided: ''This Act

(this section) shall apply to every case pending before the Supreme

Court of the United States on the date of its enactment (June 9,

1944).''

SHORT TITLE

Act Feb. 11, 1903, which enacted sections 28 and 29 of this

title, is commonly known as the ''Expediting Act''.

-CITE-

15 USC Sec. 30 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 30. Repealed. Pub. L. 107-273, div. C, title IV, Sec.

14102(f), Nov. 2, 2002, 116 Stat. 1922

-MISC1-

Section, act Mar. 3, 1913, ch. 114, 37 Stat. 731, provided that

depositions for use in suits in equity brought under sections 1 to

7 of this title would be open to public.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 2, 2002, and applicable to cases pending on

or after Nov. 2, 2002, see section 14103 of Pub. L. 107-273, set

out as an Effective Date of 2002 Amendment note under section 3 of

this title.

-CITE-

15 USC Sec. 31 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 31. Repealed. Pub. L. 107-273, div. C, title IV, Sec.

14102(a), Nov. 2, 2002, 116 Stat. 1921

-MISC1-

Section, act Aug. 24, 1912, ch. 390, Sec. 11, 37 Stat. 567,

related to closure of Panama Canal to violators of antitrust laws.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 2, 2002, and applicable only with respect

to cases commenced on or after Nov. 2, 2002, see section 14103 of

Pub. L. 107-273, set out as a note under section 3 of this title.

-CITE-

15 USC Sec. 32, 33 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 32, 33. Repealed. Pub. L. 91-452, title II, Sec. 209, 210,

Oct. 15, 1970, 84 Stat. 929

-MISC1-

Section 32, act Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 904,

granted immunity from prosecution to witnesses testifying or

producing evidence, documentary or otherwise, in any proceeding,

suit, or prosecution under section 1 to 11 of this title. See

section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

Section 33, act June 30, 1906, ch. 3920, 34 Stat. 798, provided

that, under the immunity provisions of former section 32 of this

title, immunity was to extend only to a natural person who, in

obedience to a subpoena, testified or produced evidence.

EFFECTIVE DATE OF REPEAL

Repeal effective on sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

SAVINGS PROVISION

Repeal of sections by Pub. L. 91-452 not to affect any immunity

to which any individual was entitled under sections by reason of

any testimony given before the sixtieth day following Oct. 15,

1970, see section 260 of Pub. L. 91-452, set out as an Effective

Date; Savings Provision note under section 6001 of Title 18, Crimes

and Criminal Procedure.

-CITE-

15 USC Sec. 34 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 34. Definitions applicable to sections 34 to 36

-STATUTE-

For purposes of sections 34 to 36 of this title -

(1) the term ''local government'' means -

(A) a city, county, parish, town, township, village, or any

other general function governmental unit established by State

law, or

(B) a school district, sanitary district, or any other

special function governmental unit established by State law in

one or more States,

(2) the term ''person'' has the meaning given it in subsection

(a) of the first section of the Clayton Act (15 U.S.C. 12(a)),

but does not include any local government as defined in paragraph

(1) of this section, and

(3) the term ''State'' has the meaning given it in section

4G(2) of the Clayton Act (15 U.S.C. 15g(2)).

-SOURCE-

(Pub. L. 98-544, Sec. 2, Oct. 24, 1984, 98 Stat. 2750.)

-MISC1-

EFFECTIVE DATE

Section 6 of Pub. L. 98-544 provided that: ''This Act (enacting

this section, sections 35 and 36 of this title, and provisions set

out as a note under section 1 of this title) shall take effect

thirty days before the date of the enactment of this Act (Oct. 24,

1984).''

-CITE-

15 USC Sec. 35 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 35. Recovery of damages, etc., for antitrust violations from

any local government, or official or employee thereof acting in

an official capacity

-STATUTE-

(a) Prohibition in general

No damages, interest on damages, costs, or attorney's fees may be

recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C.

15, 15a, or 15c) from any local government, or official or employee

thereof acting in an official capacity.

(b) Preconditions for attachment of prohibition; prima facie

evidence for nonapplication of prohibition

Subsection (a) of this section shall not apply to cases commenced

before the effective date of this Act unless the defendant

establishes and the court determines, in light of all the

circumstances, including the stage of litigation and the

availability of alternative relief under the Clayton Act, that it

would be inequitable not to apply this subsection to a pending

case. In consideration of this section, existence of a jury

verdict, district court judgment, or any stage of litigation

subsequent thereto, shall be deemed to be prima facie evidence that

subsection (a) of this section shall not apply.

-SOURCE-

(Pub. L. 98-544, Sec. 3, Oct. 24, 1984, 98 Stat. 2750.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of this Act, referred to in subsec. (b),

see Effective Date note below.

The Clayton Act, referred to in subsecs. (a) and (b), is act Oct.

15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified

generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of

this title and to sections 52 and 53 of Title 29, Labor. For

further details and complete classification of this Act to the

Code, see References in Text note set out under section 12 of this

title and Tables.

-MISC2-

EFFECTIVE DATE

Section effective thirty days before Oct. 24, 1984, see section 6

of Pub. L. 98-544, set out as a note under section 34 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 34 of this title.

-CITE-

15 USC Sec. 36 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 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

-STATUTE-

(a) Prohibition in general

No damages, interest on damages, costs or attorney's fees may be

recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C.

15, 15a, or 15c) in any claim against a person based on any

official action directed by a local government, or official or

employee thereof acting in an official capacity.

(b) Nonapplication of prohibition for cases commenced before

effective date of provisions

Subsection (a) of this section shall not apply with respect to

cases commenced before the effective date of this Act.

-SOURCE-

(Pub. L. 98-544, Sec. 4, Oct. 24, 1984, 98 Stat. 2750.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this Act, referred to in subsec. (b), see

Effective Date note below.

-MISC2-

EFFECTIVE DATE

Section effective thirty days before Oct. 24, 1984, see section 6

of Pub. L. 98-544, set out as a note under section 34 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 34 of this title.

-CITE-

15 USC Sec. 37 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 37. Immunity from antitrust laws

-STATUTE-

(a) Inapplicability of antitrust laws

Except as provided in subsection (d) of this section, the

antitrust laws, and any State law similar to any of the antitrust

laws, shall not apply to charitable gift annuities or charitable

remainder trusts.

(b) Immunity

Except as provided in subsection (d) of this section, any person

subjected to any legal proceeding for damages, injunction,

penalties, or other relief of any kind under the antitrust laws, or

any State law similar to any of the antitrust laws, on account of

setting or agreeing to rates of return or other terms for,

negotiating, issuing, participating in, implementing, or otherwise

being involved in the planning, issuance, or payment of charitable

gift annuities or charitable remainder trusts shall have immunity

from suit under the antitrust laws, including the right not to bear

the cost, burden, and risk of discovery and trial, for the conduct

set forth in this subsection.

(c) Treatment of certain annuities and trusts

Any annuity treated as a charitable gift annuity, or any trust

treated as a charitable remainder trust, either -

(1) in any filing by the donor with the Internal Revenue

Service; or

(2) in any schedule, form, or written document provided by or

on behalf of the donee to the donor;

shall be conclusively presumed for the purposes of this section and

section 37a of this title to be respectively a charitable gift

annuity or a charitable remainder trust, unless there has been a

final determination by the Internal Revenue Service that, for fraud

or otherwise, the donor's annuity or trust did not qualify

respectively as a charitable gift annuity or charitable remainder

trust when created.

(d) Limitation

Subsections (a) and (b) of this section shall not apply with

respect to the enforcement of a State law similar to any of the

antitrust laws, with respect to charitable gift annuities, or

charitable remainder trusts, created after the State enacts a

statute, not later than December 8, 1998, that expressly provides

that subsections (a) and (b) of this section shall not apply with

respect to such charitable gift annuities and such charitable

remainder trusts.

-SOURCE-

(Pub. L. 104-63, Sec. 2, Dec. 8, 1995, 109 Stat. 687; Pub. L.

105-26, Sec. 2(1), July 3, 1997, 111 Stat. 241.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''antitrust laws'', referred to in text, see

section 37a(1) of this title.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-26 amended section generally. Prior to

amendment, section related to modification of antitrust laws to

allow two or more charitable organizations to use, or to agree to

use, the same annuity rate in issuing one or more charitable gift

annuities and to limitations on such conduct.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 3 of Pub. L. 105-26 provided that: ''This Act (see Short

Title of 1997 Amendments note set out under section 1 of this

title), and the amendments made by this Act, shall apply with

respect to all conduct occurring before, on, or after the date of

the enactment of this Act (July 3, 1997) and shall apply in all

administrative and judicial actions pending on or commenced after

the date of the enactment of this Act.''

EFFECTIVE DATE

Section 4 of Pub. L. 104-63 provided that: ''This Act (enacting

this section, section 37a of this title, and provisions set out as

a note under section 1 of this title) shall apply with respect to

conduct occurring before, on, or after the date of the enactment of

this Act (Dec. 8, 1995).''

STUDY AND REPORT

Section 4 of Pub. L. 105-26 provided that:

''(a) Study and Report. - The Attorney General shall carry out a

study to determine the effect of this Act (see Short Title of 1997

Amendments note set out under section 1 of this title) on markets

for noncharitable annuities, charitable gift annuities, and

charitable remainder trusts. The Attorney General shall prepare a

report summarizing the results of the study.

''(b) Details of Study and Report. - The report referred to in

subsection (a) shall include any information on possible

inappropriate activity resulting from this Act and any

recommendations for legislative changes, including recommendations

for additional enforcement resources.

''(c) Submission of Report. - The Attorney General shall submit

the report referred to in subsection (a) to the Chairman and the

ranking member of the Committee on the Judiciary of the House of

Representatives, and to the Chairman and the ranking member of the

Committee on the Judiciary of the Senate, not later than 27 months

after the date of the enactment of this Act (July 3, 1997).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 37a of this title.

-CITE-

15 USC Sec. 37a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-

Sec. 37a. Definitions

-STATUTE-

For purposes of this section and section 37 of this title:

(1) Antitrust laws

The term ''antitrust laws'' has the meaning given it in

subsection (a) of section 12 of this title, except that such term

includes section 45 of this title to the extent that such section

45 applies to unfair methods of competition.

(2) Charitable remainder trust

The term ''charitable remainder trust'' has the meaning given

it in section 664(d) of title 26.

(3) Charitable gift annuity

The term ''charitable gift annuity'' has the meaning given it

in section 501(m)(5) of title 26.

(4) Final determination

The term ''final determination'' includes an Internal Revenue

Service determination, after exhaustion of donor's and donee's

administrative remedies, disallowing the donor's charitable

deduction for the year in which the initial contribution was made

because of the donee's failure to comply at such time with the

requirements of section 501(m)(5) or 664(d), respectively, of

title 26.

(5) Person

The term ''person'' has the meaning given it in subsection (a)

of section 12 of this title.

(6) State

The term ''State'' has the meaning given it in section 15g(2)

of this title.

-SOURCE-

(Pub. L. 104-63, Sec. 3, Dec. 8, 1995, 109 Stat. 687; Pub. L.

105-26, Sec. 2(2), July 3, 1997, 111 Stat. 242.)

-MISC1-

AMENDMENTS

1997 - Pars. (1), (2). Pub. L. 105-26, Sec. 2(2)(A)-(C), added

par. (2), redesignated former par. (2) as (1), and struck out

heading and text of former par. (1). Text read as follows: ''The

term 'annuity rate' means the percentage of the fair market value

of a gift (determined as of the date of the gift) given in exchange

for a charitable gift annuity, that represents the amount of the

annual payment to be made to 1 or 2 annuitants over the life of

either or both under the terms of the agreement to give such gift

in exchange for such annuity.''

Pars. (4) to (6). Pub. L. 105-26, Sec. 2(2)(D), (E), added par.

(4) and redesignated former pars. (4) and (5) as (5) and (6),

respectively.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-26 applicable with respect to all

conduct occurring before, on, or after July 3, 1997, and applicable

in all administrative and judicial actions pending on or commenced

after July 3, 1997, see section 3 of Pub. L. 105-26, set out as a

note under section 37 of this title.

EFFECTIVE DATE

Section applicable with respect to conduct occurring before, on,

or after Dec. 8, 1995, see section 4 of Pub. L. 104-63, set out as

a note under section 37 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 37 of this title.

-CITE-