dreamproit/uscode huggingface dataset:
15 U.S.C. § 28 (COMMERCE AND TRADE)
§ 28. Repealed. Pub. L. 98–620, title IV, § 402(11), Nov. 8, 1984, 98 Stat. 3358
text: Section, acts Feb. 11, 1903, ch. 544, § 1, 32 Stat. 823; June 25, 1910, ch. 428, 36 Stat. 854; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Apr. 6, 1942, ch. 210, § 1, 56 Stat. 198; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Dec. 21, 1974, Pub. L. 93–528, § 4, 88 Stat. 1708, related to expedition of actions by the United States involving general public importance.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
15 U.S.C. § 30 (COMMERCE AND TRADE)
§ 30. Repealed. Pub. L. 107–273, div. C, title IV, § 14102(f), Nov. 2, 2002, 116 Stat. 1922
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
15 U.S.C. § 31 (COMMERCE AND TRADE)
§ 31. Repealed. Pub. L. 107–273, div. C, title IV, § 14102(a), Nov. 2, 2002, 116 Stat. 1921
text: Section, act Aug. 24, 1912, ch. 390, § 11, 37 Stat. 567, related to closure of Panama Canal to violators of antitrust laws.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
(COMMERCE AND TRADE)
§§ 32, 33. Repealed. Pub. L. 91–452, title II, §§ 209, 210, Oct. 15, 1970, 84 Stat. 929
text: Section 32, act Feb. 25, 1903, ch. 755, § 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.
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
heading: Savings Provision
text: 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.
15 U.S.C. § 34 (COMMERCE AND TRADE)
§ 34. Definitions applicable to sections 34 to 36
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)).
(Pub. L. 98–544, § 2, Oct. 24, 1984, 98 Stat. 2750.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 98–544, § 6, Oct. 24, 1984, 98 Stat. 2751, 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].”
15 U.S.C. § 35 (COMMERCE AND TRADE)
§ 35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity
(a) Prohibition in general
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) 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) shall not apply.
(Pub. L. 98–544, § 3, Oct. 24, 1984, 98 Stat. 2750.)
heading: Editorial Notes
heading: References in Text
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
15 U.S.C. § 36 (COMMERCE AND TRADE)
§ 36. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity
(a) Prohibition in general
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) shall not apply with respect to cases commenced before the effective date of this Act.
(Pub. L. 98–544, § 4, Oct. 24, 1984, 98 Stat. 2750.)
heading: Editorial Notes
heading: References in Text
text: For effective date of this Act, referred to in subsec. (b), see Effective Date note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
15 U.S.C. § 37a (COMMERCE AND TRADE)
§ 37a. Definitions
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.
(Pub. L. 104–63, § 3, Dec. 8, 1995, 109 Stat. 687; Pub. L. 105–26, § 2(2), July 3, 1997, 111 Stat. 242.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pars. (1), (2). Pub. L. 105–26, § 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, § 2(2)(D), (E), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1997 Amendment
text: 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.
heading: Effective Date
text: 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.
15 U.S.C. § 38 (COMMERCE AND TRADE)
§ 38. Association of marine insurance companies; application of antitrust laws
(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.
(June 5, 1920, ch. 250, § 29, 41 Stat. 1000.)
heading: Editorial Notes
heading: Codification
text: 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.
15 U.S.C. § 43 (COMMERCE AND TRADE)
§ 43. Office and place of meeting
The principal office of the Commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The Commission may, by one or more of its members, or by such examiners as it may designate, prosecute any inquiry necessary to its duties in any part of the United States.
(Sept. 26, 1914, ch. 311, § 3, 38 Stat. 719.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.
15 U.S.C. § 45a (COMMERCE AND TRADE)
§ 45a. Labels on products
To the extent any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a “Made in the U.S.A.” or “Made in America” label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent with decisions and orders of the Federal Trade Commission issued pursuant to section 45 of this title. This section only applies to such labels. Nothing in this section shall preclude the application of other provisions of law relating to labeling. The Commission may periodically consider an appropriate percentage of imported components which may be included in the product and still be reasonably consistent with such decisions and orders. Nothing in this section shall preclude use of such labels for products that contain imported components under the label when the label also discloses such information in a clear and conspicuous manner. The Commission shall administer this section pursuant to section 45 of this title and may from time to time issue rules pursuant to section 553 of title 5 for such purpose. If a rule is issued, such violation shall be treated by the Commission as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices. This section shall be effective upon publication in the Federal Register of a Notice of the provisions of this section. The Commission shall publish such notice within six months after September 13, 1994.
(Pub. L. 103–322, title XXXII, § 320933, Sept. 13, 1994, 108 Stat. 2135.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, and not as part of the Federal Trade Commission Act which comprises this subchapter.
15 U.S.C. § 46a (COMMERCE AND TRADE)
§ 46a. Concurrent resolution essential to authorize investigations
After June 16, 1933, no new investigations shall be initiated by the Commission as the result of a legislative resolution, except the same be a concurrent resolution of the two Houses of Congress.
(June 16, 1933, ch. 101, § 1, 48 Stat. 291.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Federal Trade Commission Act which comprises this subchapter.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.
15 U.S.C. § 47 (COMMERCE AND TRADE)
§ 47. Reference of suits under antitrust statutes to Commission
In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the Commission, as a master in chancery, to ascertain and report an appropriate form of decree therein. The Commission shall proceed upon such notice to the parties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in whole or in part, and enter such decree as the nature of the case may in its judgment require.
(Sept. 26, 1914, ch. 311, § 7, 38 Stat. 722.)
heading: Editorial Notes
heading: References in Text
text: The words “In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts” have reference to actions under sections 4, 9, and 25 of this title.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.
15 U.S.C. § 48 (COMMERCE AND TRADE)
§ 48. Information and assistance from departments
The several departments and bureaus of the Government when directed by the President shall furnish the Commission, upon its request, all records, papers, and information in their possession relating to any corporation subject to any of the provisions of this subchapter, and shall detail from time to time such officials and employees to the Commission as he may direct.
(Sept. 26, 1914, ch. 311, § 8, 38 Stat. 722.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.
15 U.S.C. § 57a–1 (COMMERCE AND TRADE)
§ 57a–1. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 96–252, § 21(a)–(h), May 28, 1980, 94 Stat. 393; H. Res. 549, Mar. 25, 1980; Pub. L. 98–620, title IV, § 402(13), Nov. 8, 1984, 98 Stat. 3358, provided procedures for review by Congress of final rules promulgated by the Federal Trade Commission.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Termination Date
text: Pub. L. 96–252, § 21(i), May 28, 1980, 94 Stat. 396, provided that: “The provisions of this section shall take effect on the date of the enactment of this Act [May 28, 1980] and shall cease to have any force or effect after September 30, 1982.”
Pub. L. 97–377, title I, § 101(d), Dec. 21, 1982, 96 Stat. 1870, provided in part that notwithstanding any other provision of law, the provisions of section 21 of the Federal Trade Commission Improvements Act of 1980 [Pub. L. 96–252], which enacted this section and enacted provisions set out as a note under this section, were extended until Sept. 30, 1983, notwithstanding section 21(i) of such Act.
15 U.S.C. § 57b–4 (COMMERCE AND TRADE)
§ 57b–4. Good faith reliance on actions of Board of Governors
(a) “Board of Governors” defined
For purposes of this section, the term “Board of Governors’ means the Board of Governors” of the Federal Reserve System.
(b) Use as defense
Notwithstanding any other provision of law, if—
(1) any person, partnership, or corporation engages in any conduct or practice which allegedly constitutes a violation of any Federal law with respect to which the Board of Governors of the Federal Reserve System has rulemaking authority; and
(2) such person, partnership, or corporation engaged in such conduct or practice in good faith reliance upon, and in conformity with, any rule, regulation, statement of interpretation, or statement of approval prescribed or issued by the Board of Governors under such Federal law;
then such good faith reliance shall constitute a defense in any administrative or judicial proceeding commenced against such person, partnership, or corporation by the Commission under this subchapter or in any administrative or judicial proceeding commenced against such person, partnership, or corporation by the Attorney General of the United States, upon request made by the Commission, under any provision of law.
(c) Applicability of subsection (b)
The provisions of subsection (b) shall apply regardless of whether any rule, regulation, statement of interpretation, or statement of approval prescribed or issued by the Board of Governors is amended, rescinded, or held to be invalid by judicial authority or any other authority after a person, partnership, or corporation has engaged in any conduct or practice in good faith reliance upon, and in conformity with, such rule, regulation, statement of interpretation, or statement of approval.
(d) Request for issuance of statement or interpretation concerning conduct or practice
If, in any case in which—
(1) the Board of Governors has rulemaking authority with respect to any Federal law; and
(2) the Commission is authorized to enforce the requirements of such Federal law;
any person, partnership, or corporation submits a request to the Board of Governors for the issuance of any statement of interpretation or statement of approval relating to any conduct or practice of such person, partnership, or corporation which may be subject to the requirements of such Federal law, then the Board of Governors shall dispose of such request as soon as practicable after the receipt of such request.
(Sept. 26, 1914, ch. 311, § 23, as added Pub. L. 96–252, § 16, May 28, 1980, 94 Stat. 390.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 28, 1980, see section 23 of Pub. L. 96–252, set out as an Effective Date of 1980 Amendment note under section 45 of this title.
15 U.S.C. § 57b–5 (COMMERCE AND TRADE)
§ 57b–5. Agricultural cooperatives
(a) The Commission shall not have any authority to conduct any study, investigation, or prosecution of any agricultural cooperative for any conduct which, because of the provisions of sections 291 and 292 of title 7, is not a violation of any of the antitrust Acts or this subchapter.
(b) The Commission shall not have any authority to conduct any study or investigation of any agricultural marketing orders.
(Sept. 26, 1914, ch. 311, § 24, as added Pub. L. 103–312, § 2, Aug. 26, 1994, 108 Stat. 1691.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 24 of act Sept. 26, 1914, was renumbered section 25 and is classified to section 57c of this title.
15 U.S.C. § 57c–1 (COMMERCE AND TRADE)
§ 57c–1. Staff exchanges
(a) In general
The Commission may—
(1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 42 of this title or section 3101 or section 3109 of title 5; and
(2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies.
(b) Reciprocity and reimbursement
The staff arrangements described in subsection (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements.
(c) Standards of conduct
A person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment.
(Sept. 26, 1914, ch. 311, § 25A, as added Pub. L. 109–455, § 9, Dec. 22, 2006, 120 Stat. 3381.)
heading: Repeal of Section
text: For repeal of section by section 13 of Pub. L. 109–455, see Effective Date of Repeal note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Section repealed effective Sept. 30, 2027, see section 13 of Pub. L. 109–455, as amended, set out as a Termination Date of 2006 Amendment note under section 44 of this title.