-CITE-
    15 USC CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN
           RESTRAINT OF TRADE                              01/03/2007

-EXPCITE-
    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.     
    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.                             
    15a.        Suits by United States; amount of recovery;
                 prejudgment interest.                                
    15b.        Limitation of actions.                                
    15c.        Actions by State attorneys general.                   
    15d.        Measurement of damages.                               
    15e.        Distribution of damages.                              
    15f.        Actions by Attorney General.                          
    15g.        Definitions.                                          
    15h.        Applicability of parens patriae actions.              
    16.         Judgments.                                            
    17.         Antitrust laws not applicable to labor organizations. 
    18.         Acquisition by one corporation of stock of another.   
    18a.        Premerger notification and waiting period.            
    19.         Interlocking directorates and officers.               
    19a, 20.    Repealed.                                             
    21.         Enforcement provisions.                               
    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.                                          
    26b.        Application of antitrust laws to professional major
                 league baseball.                                     
    27.         Effect of partial invalidity.                         
    27a.        Transferred.                                          
    28.         Repealed.                                             
    29.         Appeals.                                              
    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.              
    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.              
    37.         Immunity from antitrust laws.                         
    37a.        Definitions.                                          
    37b.        Confirmation of antitrust status of graduate medical
                 resident matching programs.                          
    38.         Association of marine insurance companies; application
                 of antitrust laws.                                   

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

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

-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.

-End-

-CITE-
    15 USC Sec. 1                                               01/03/2007

-EXPCITE-
    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 $100,000,000 if a corporation, or, if any other person,
    $1,000,000, or by imprisonment not exceeding 10 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; Pub. L. 108-237, title II,
    Sec. 215(a), June 22, 2004, 118 Stat. 668.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-237 substituted "$100,000,000" for
    "$10,000,000", "$1,000,000" for "$350,000", and "10" for "three".
      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 2004 AMENDMENT                   
      Pub. L. 108-237, title II, Sec. 201, June 22, 2004, 118 Stat.
    665, provided that: "This title [amending this section and sections
    2, 3, and 16 of this title and enacting provisions set out as notes
    under this section and section 16 of this title] may be cited as
    the 'Antitrust Criminal Penalty Enhancement and Reform Act of
    2004'."

                       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 ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES   
      Pub. L. 108-237, title II, Secs. 211-214, June 22, 2004, 118
    Stat. 666, 667, provided that:

      "SEC. 211. SUNSET.
      "(a) In General. - Except as provided in subsection (b), the
    provisions of sections 211 through 214 shall cease to have effect 5
    years after the date of enactment of this Act [June 22, 2004].
      "(b) Exception. - With respect to an applicant who has entered
    into an antitrust leniency agreement on or before the date on which
    the provisions of sections 211 through 214 of this subtitle [this
    note] shall cease to have effect, the provisions of sections 211
    through 214 of this subtitle shall continue in effect.

      "SEC. 212. DEFINITIONS.
      "In this subtitle [subtitle A (Secs. 211-215) of title II of Pub.
    L. 108-237, amending this section and sections 2 and 3 of this
    title and enacting this note]:
        "(1) Antitrust division. - The term 'Antitrust Division' means
      the United States Department of Justice Antitrust Division.
        "(2) Antitrust leniency agreement. - The term 'antitrust
      leniency agreement,' or 'agreement,' means a leniency letter
      agreement, whether conditional or final, between a person and the
      Antitrust Division pursuant to the Corporate Leniency Policy of
      the Antitrust Division in effect on the date of execution of the
      agreement.
        "(3) Antitrust leniency applicant. - The term 'antitrust
      leniency applicant,' or 'applicant,' means, with respect to an
      antitrust leniency agreement, the person that has entered into
      the agreement.
        "(4) Claimant. - The term 'claimant' means a person or class,
      that has brought, or on whose behalf has been brought, a civil
      action alleging a violation of section 1 or 3 of the Sherman Act
      [15 U.S.C. 1, 3] or any similar State law, except that the term
      does not include a State or a subdivision of a State with respect
      to a civil action brought to recover damages sustained by the
      State or subdivision.
        "(5) Cooperating individual. - The term 'cooperating
      individual' means, with respect to an antitrust leniency
      agreement, a current or former director, officer, or employee of
      the antitrust leniency applicant who is covered by the agreement.
        "(6) Person. - 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)].

      "SEC. 213. LIMITATION ON RECOVERY.
      "(a) In General. - Subject to subsection (d), in any civil action
    alleging a violation of section 1 or 3 of the Sherman Act [15
    U.S.C. 1, 3], or alleging a violation of any similar State law,
    based on conduct covered by a currently effective antitrust
    leniency agreement, the amount of damages recovered by or on behalf
    of a claimant from an antitrust leniency applicant who satisfies
    the requirements of subsection (b), together with the amounts so
    recovered from cooperating individuals who satisfy such
    requirements, shall not exceed that portion of the actual damages
    sustained by such claimant which is attributable to the commerce
    done by the applicant in the goods or services affected by the
    violation.
      "(b) Requirements. - Subject to subsection (c), an antitrust
    leniency applicant or cooperating individual satisfies the
    requirements of this subsection with respect to a civil action
    described in subsection (a) if the court in which the civil action
    is brought determines, after considering any appropriate pleadings
    from the claimant, that the applicant or cooperating individual, as
    the case may be, has provided satisfactory cooperation to the
    claimant with respect to the civil action, which cooperation shall
    include - 
        "(1) providing a full account to the claimant of all facts
      known to the applicant or cooperating individual, as the case may
      be, that are potentially relevant to the civil action;
        "(2) furnishing all documents or other items potentially
      relevant to the civil action that are in the possession, custody,
      or control of the applicant or cooperating individual, as the
      case may be, wherever they are located; and
        "(3)(A) in the case of a cooperating individual - 
          "(i) making himself or herself available for such interviews,
        depositions, or testimony in connection with the civil action
        as the claimant may reasonably require; and
          "(ii) responding completely and truthfully, without making
        any attempt either falsely to protect or falsely to implicate
        any person or entity, and without intentionally withholding any
        potentially relevant information, to all questions asked by the
        claimant in interviews, depositions, trials, or any other court
        proceedings in connection with the civil action; or
        "(B) in the case of an antitrust leniency applicant, using its
      best efforts to secure and facilitate from cooperating
      individuals covered by the agreement the cooperation described in
      clauses (i) and (ii) and subparagraph (A).
      "(c) Timeliness. - If the initial contact by the antitrust
    leniency applicant with the Antitrust Division regarding conduct
    covered by the antitrust leniency agreement occurs after a State,
    or subdivision of a State, has issued compulsory process in
    connection with an investigation of allegations of a violation of
    section 1 or 3 of the Sherman Act [15 U.S.C. 1, 3] or any similar
    State law based on conduct covered by the antitrust leniency
    agreement or after a civil action described in subsection (a) has
    been filed, then the court shall consider, in making the
    determination concerning satisfactory cooperation described in
    subsection (b), the timeliness of the applicant's initial
    cooperation with the claimant.
      "(d) Continuation. - Nothing in this section shall be construed
    to modify, impair, or supersede the provisions of sections 4, 4A,
    and 4C of the Clayton Act [15 U.S.C. 15, 15a, 15c] relating to the
    recovery of costs of suit, including a reasonable attorney's fee,
    and interest on damages, to the extent that such recovery is
    authorized by such sections.

      "SEC. 214. RIGHTS, AUTHORITIES, AND LIABILITIES NOT AFFECTED.
      "Nothing in this subtitle [subtitle A (Secs. 211-215) of title II
    of Pub. L. 108-237, amending this section and sections 2 and 3 of
    this title and enacting this note] shall be construed to - 
        "(1) affect the rights of the Antitrust Division to seek a stay
      or protective order in a civil action based on conduct covered by
      an antitrust leniency agreement to prevent the cooperation
      described in section 213(b) from impairing or impeding the
      investigation or prosecution by the Antitrust Division of conduct
      covered by the agreement;
        "(2) create any right to challenge any decision by the
      Antitrust Division with respect to an antitrust leniency
      agreement; or
        "(3) affect, in any way, the joint and several liability of any
      party to a civil action described in section 213(a), other than
      that of the antitrust leniency applicant and cooperating
      individuals as provided in section 213(a) of this title."

                    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, known as the Year 2000 Information and Readiness
    Disclosure Act, provided for the free disclosure and exchange of
    information about computer processing problems, solutions, test
    practices and test results, and related matters in connection with
    the transition to the year 2000.

     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."]

-End-

-CITE-
    15 USC Sec. 2                                               01/03/2007

-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
    $100,000,000 if a corporation, or, if any other person, $1,000,000,
    or by imprisonment not exceeding 10 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;
    Pub. L. 108-237, title II, Sec. 215(b), June 22, 2004, 118 Stat.
    668.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-237 substituted "$100,000,000" for
    "$10,000,000", "$1,000,000" for "$350,000", and "10" for "three".
      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".

-End-

-CITE-
    15 USC Sec. 3                                               01/03/2007

-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 $100,000,000 if a corporation, or,
    if any other person, $1,000,000, or by imprisonment not exceeding
    10 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 $100,000,000 if a corporation, or, if any other person,
    $1,000,000, or by imprisonment not exceeding 10 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; Pub. L. 108-237, title II, Sec. 215(c), June 22, 2004,
    118 Stat. 668.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-237, which directed the substitution of
    "$100,000,000" for "$10,000,000", "$1,000,000" for "$350,000", and
    "10" for "three", was executed by making each substitution in both
    subsecs. (a) and (b) to reflect the probable intent of Congress.
      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."

-End-

-CITE-
    15 USC Sec. 4                                               01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 5                                               01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 6                                               01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 6a                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 7                                               01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 8                                               01/03/2007

-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'."

-End-

-CITE-
    15 USC Sec. 9                                               01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 10                                              01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 11                                              01/03/2007

-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".

-End-

-CITE-
    15 USC Sec. 12                                              01/03/2007

-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, 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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 13                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 13a                                             01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 13b                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 13c                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 14                                              01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 15                                              01/03/2007

-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.

-MISC1-
                             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,
    Secs. 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]."

-End-

-CITE-
    15 USC Sec. 15a                                             01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 15b                                             01/03/2007

-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.

-MISC1-
                                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]."

-End-

-CITE-
    15 USC Sec. 15c                                             01/03/2007

-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.

-MISC1-
                                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]."

-End-

-CITE-
    15 USC Sec. 15d                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 15e                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 15f                                             01/03/2007

-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, 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.

-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.

-End-

-CITE-
    15 USC Sec. 15g                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 15h                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 16                                              01/03/2007

-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. Upon application by the United States, the district
    court may, for good cause (based on a finding that the expense of
    publication in the Federal Register exceeds the public interest
    benefits to be gained from such publication), authorize an
    alternative method of public dissemination of the public comments
    received and the response to those comments.
    (e) Public interest determination
      (1) 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 shall consider - 
        (A) the competitive impact of such judgment, including
      termination of alleged violations, provisions for enforcement and
      modification, duration of relief sought, anticipated effects of
      alternative remedies actually considered, whether its terms are
      ambiguous, and any other competitive considerations bearing upon
      the adequacy of such judgment that the court deems necessary to a
      determination of whether the consent judgment is in the public
      interest; and
        (B) the impact of entry of such judgment upon competition in
      the relevant market or markets, 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.

      (2) Nothing in this section shall be construed to require the
    court to conduct an evidentiary hearing or to require the court to
    permit anyone to intervene.
    (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 by any officer,
    director, employee, or agent 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; Pub. L. 108-237, title II, Sec. 221(b), June 22, 2004,
    118 Stat. 668.)

-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.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-237, Sec. 221(b)(1), inserted at
    end "Upon application by the United States, the district court may,
    for good cause (based on a finding that the expense of publication
    in the Federal Register exceeds the public interest benefits to be
    gained from such publication), authorize an alternative method of
    public dissemination of the public comments received and the
    response to those comments."
      Subsec. (e). Pub. L. 108-237, Sec. 221(b)(2), designated
    introductory provisions as par. (1), substituted "court shall" for
    "court may", added subpars. (A) and (B) and par. (2), and struck
    out former pars. (1) and (2) which read as follows:
      "(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."
      Subsec. (g). Pub. L. 108-237, Sec. 221(b)(3), inserted "by any
    officer, director, employee, or agent of such defendant" before ",
    or other person" in first sentence.
      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.

                  FINDINGS AND PURPOSES OF 2004 AMENDMENT              
      Pub. L. 108-237, title II, Sec. 221(a), June 22, 2004, 118 Stat.
    668, provided that:
      "(1) Findings. - Congress finds that - 
        "(A) the purpose of the Tunney Act [probably means section 2 of
      Pub. L. 93-528 which amended this section] was to ensure that the
      entry of antitrust consent judgments is in the public interest;
      and
        "(B) it would misconstrue the meaning and Congressional intent
      in enacting the Tunney Act to limit the discretion of district
      courts to review antitrust consent judgments solely to
      determining whether entry of those consent judgments would make a
      'mockery of the judicial function'.
      "(2) Purposes. - The purpose of this section [amending this
    section] is to effectuate the original Congressional intent in
    enacting the Tunney Act and to ensure that United States
    settlements of civil antitrust suits are in the public interest."

-End-

-CITE-
    15 USC Sec. 17                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 18                                              01/03/2007

-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,(!1) 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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 79j of this title, referred to in text, was repealed by
    Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat. 974.

-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, which was
    repealed by Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1710,
    and was formerly set out in the Appendix to Title 5, Government
    Organization and Employees.
      United States Maritime Commission abolished by Reorg. Plan No. 21
    of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, which was
    superseded in part by Reorg. Plan No. 7 of 1961, Sec. 305, eff.
    Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, repealed in part by Pub.
    L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1710, and remains only
    partially set out in the Appendix to Title 5. Reorg. Plan No. 21 of
    1950 transferred part of Commission's 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, by section 103 of Reorg. Plan No. 7 of 1961, which was
    repealed by Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1710
    and formerly set out in the Appendix to Title 5, or to Secretary of
    Commerce, by section 202 of Reorg. Plan No. 7 of 1961, set out in
    the Appendix to Title 5.
      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, by Maritime Act of 1981, Pub. L. 97-31, Aug. 6,
    1981, 95 Stat. 151, which was repealed in part by Pub. L. 109-304,
    Sec. 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49,
    Transportation.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 18a                                             01/03/2007

-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, 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.

-MISC1-
                                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)."

-End-

-CITE-
    15 USC Sec. 19                                              01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 19a                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 19a. Repealed.

-MISC1-
    Sec. 19a. Repealed. Aug. 23, 1935, ch. 614, Sec. 329, 49 Stat. 717.
      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.

-End-

-CITE-
    15 USC Sec. 20                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 20. Repealed.

-MISC1-
    Sec. 20. Repealed. Pub. L. 101-588, Sec. 3, Nov. 16, 1990, 104
      Stat. 2880.
      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.

-End-

-CITE-
    15 USC Sec. 21                                              01/03/2007

-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.

-MISC1-
                                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".

-MISC2-
                     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.

-End-

-CITE-
    15 USC Sec. 21a                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 22                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 23                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 24                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 25                                              01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 26                                              01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 26a                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 26b                                             01/03/2007

-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.

-MISC1-
                                  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."

-End-

-CITE-
    15 USC Sec. 27                                              01/03/2007

-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, 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.

-End-

-CITE-
    15 USC Sec. 27a                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 28                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 28. Repealed.

-MISC1-
    Sec. 28. Repealed. Pub. L. 98-620, title IV, Sec. 402(11), Nov. 8,
      1984, 98 Stat. 3358.
      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.

-End-

-CITE-
    15 USC Sec. 29                                              01/03/2007

-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.

-MISC1-
                                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".

-MISC2-
                     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".

-End-

-CITE-
    15 USC Sec. 30                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 30. Repealed.

-MISC1-
    Sec. 30. Repealed. Pub. L. 107-273, div. C, title IV, Sec.
      14102(f), Nov. 2, 2002, 116 Stat. 1922.
      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.

-End-

-CITE-
    15 USC Sec. 31                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 31. Repealed.

-MISC1-
    Sec. 31. Repealed. Pub. L. 107-273, div. C, title IV, Sec.
      14102(a), Nov. 2, 2002, 116 Stat. 1921.
      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.

-End-

-CITE-
    15 USC Secs. 32, 33                                         01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Secs. 32, 33. Repealed.

-MISC1-
    Secs. 32, 33. Repealed. Pub. L. 91-452, title II, Secs. 209, 210,
      Oct. 15, 1970, 84 Stat. 929.
      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.

-End-

-CITE-
    15 USC Sec. 34                                              01/03/2007

-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]."

-End-

-CITE-
    15 USC Sec. 35                                              01/03/2007

-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, 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.

-MISC1-
                              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.

-End-

-CITE-
    15 USC Sec. 36                                              01/03/2007

-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.

-MISC1-
                              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.

-End-

-CITE-
    15 USC Sec. 37                                              01/03/2007

-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.

-MISC1-
                                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]."

-End-

-CITE-
    15 USC Sec. 37a                                             01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 37b                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 37b. Confirmation of antitrust status of graduate medical
      resident matching programs

-STATUTE-
    (a) Findings and purposes
      (1) Findings
        Congress makes the following findings:
          (A) For over 50 years, most United States medical school
        seniors and the large majority of graduate medical education
        programs (popularly known as "residency programs") have chosen
        to use a matching program to match medical students with
        residency programs to which they have applied. These matching
        programs have been an integral part of an educational system
        that has produced the finest physicians and medical researchers
        in the world.
          (B) Before such matching programs were instituted, medical
        students often felt pressure, at an unreasonably early stage of
        their medical education, to seek admission to, and accept
        offers from, residency programs. As a result, medical students
        often made binding commitments before they were in a position
        to make an informed decision about a medical specialty or a
        residency program and before residency programs could make an
        informed assessment of students' qualifications. This situation
        was inefficient, chaotic, and unfair and it often led to
        placements that did not serve the interests of either medical
        students or residency programs.
          (C) The original matching program, now operated by the
        independent non-profit National Resident Matching Program and
        popularly known as "the Match", was developed and implemented
        more than 50 years ago in response to widespread student
        complaints about the prior process. This Program includes on
        its board of directors individuals nominated by medical student
        organizations as well as by major medical education and
        hospital associations.
          (D) The Match uses a computerized mathematical algorithm, as
        students had recommended, to analyze the preferences of
        students and residency programs and match students with their
        highest preferences from among the available positions in
        residency programs that listed them. Students thus obtain a
        residency position in the most highly ranked program on their
        list that has ranked them sufficiently high among its
        preferences. Each year, about 85 percent of participating
        United States medical students secure a place in one of their
        top 3 residency program choices.
          (E) Antitrust lawsuits challenging the matching process,
        regardless of their merit or lack thereof, have the potential
        to undermine this highly efficient, pro-competitive, and long-
        standing process. The costs of defending such litigation would
        divert the scarce resources of our country's teaching hospitals
        and medical schools from their crucial missions of patient
        care, physician training, and medical research. In addition,
        such costs may lead to abandonment of the matching process,
        which has effectively served the interests of medical students,
        teaching hospitals, and patients for over half a century.
      (2) Purposes
        It is the purpose of this section to - 
          (A) confirm that the antitrust laws do not prohibit
        sponsoring, conducting, or participating in a graduate medical
        education residency matching program, or agreeing to do so; and
          (B) ensure that those who sponsor, conduct or participate in
        such matching programs are not subjected to the burden and
        expense of defending against litigation that challenges such
        matching programs under the antitrust laws.
    (b) Application of antitrust laws to graduate medical education
      residency matching programs
      (1) Definitions
        In this subsection:
        (A) Antitrust laws
          The term "antitrust laws" - 
            (i) has the meaning given such term in subsection (a) of
          section 12 of this title, except that such term includes
          section 45 of this title to the extent such section 45
          applies to unfair methods of competition; and
            (ii) includes any State law similar to the laws referred to
          in clause (i).
        (B) Graduate medical education program
          The term "graduate medical education program" means - 
            (i) a residency program for the medical education and
          training of individuals following graduation from medical
          school;
            (ii) a program, known as a specialty or subspecialty
          fellowship program, that provides more advanced training; and
            (iii) an institution or organization that operates,
          sponsors or participates in such a program.
        (C) Graduate medical education residency matching program
          The term "graduate medical education residency matching
        program" means a program (such as those conducted by the
        National Resident Matching Program) that, in connection with
        the admission of students to graduate medical education
        programs, uses an algorithm and matching rules to match
        students in accordance with the preferences of students and the
        preferences of graduate medical education programs.
        (D) Student
          The term "student" means any individual who seeks to be
        admitted to a graduate medical education program.
      (2) Confirmation of antitrust status
        It shall not be unlawful under the antitrust laws to sponsor,
      conduct, or participate in a graduate medical education residency
      matching program, or to agree to sponsor, conduct, or participate
      in such a program. Evidence of any of the conduct described in
      the preceding sentence shall not be admissible in Federal court
      to support any claim or action alleging a violation of the
      antitrust laws.
      (3) Applicability
        Nothing in this section shall be construed to exempt from the
      antitrust laws any agreement on the part of 2 or more graduate
      medical education programs to fix the amount of the stipend or
      other benefits received by students participating in such
      programs.
    (c) Effective date
      This section shall take effect on April 10, 2004, shall apply to
    conduct whether it occurs prior to, on, or after April 10, 2004,
    and shall apply to all judicial and administrative actions or other
    proceedings pending on April 10, 2004.

-SOURCE-
    (Pub. L. 108-218, title II, Sec. 207, Apr. 10, 2004, 118 Stat.
    611.)

-End-

-CITE-
    15 USC Sec. 38                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

-HEAD-
    Sec. 38. Association of marine insurance companies; application of
      antitrust laws

-STATUTE-
      (a) Whenever used in this section - 
        (1) The term "association" means any association, exchange,
      pool, combination, or other arrangement for concerted action; and
        (2) The term "marine insurance companies" means any persons,
      companies, or associations, authorized to write marine insurance
      or reinsurance under the laws of the United States or of a State,
      Territory, District, or possession thereof.

      (b) Nothing contained in the "antitrust laws" as designated in
    section 12 of this title, shall be construed as declaring illegal
    an association entered into by marine insurance companies for the
    following purposes: To transact a marine insurance and reinsurance
    business in the United States and in foreign countries and to
    reinsure or otherwise apportion among its membership the risks
    undertaken by such association or any of the component members.

-SOURCE-
    (June 5, 1920, ch. 250, Sec. 29, 41 Stat. 1000.)

-COD-
                               CODIFICATION                           
      Section was classified to section 885 of the former Appendix to
    Title 46, prior to the completion of the enactment of Title 46,
    Shipping, by Pub. L. 109-304, Oct. 6, 2006, 120 Stat. 1485.

-End-