LAWS ON TRUSTS AND MONOPOLIES, DOMESTIC AND FOREIGN, WITH AUTHORITIES. UNITED STATES. STATUTES. THE SHERMAN ANTITRUST LAW. [26 Stat. L., 209. July 2, 1890.] AN ACT To protect trade and commerce against unlawful restraints and monopolies. hibited in com States and for Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Every contract, combination in the form of Restraint protrust or otherwise, or conspiracy, in restraint of trade merce between or commerce among the several States, or with foreign eign nations. nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be pun- Punishment. ished by a fine not exceeding $5,000, or by imprisonment not exceding one year, or by both said punishments, in the discretion of the court. hibited. SEC. 2. Every person who shall monopolize, or attempt Monopoly proto 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 misdemeanor, and, on conviction thereof, shall be punished by fine not ex- Punishment. ceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. sion as to ter SEC. 3. Every contract, combination in form of trust Specific provior otherwise, or conspiracy, in restraint of trade or com- ritory involved. merce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce 16491-13-1 1 Conspiracy. Punishment. Circuit courts (now district courts) have Jurisdiction. ney General. 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 hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Duty of Attor- 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 Temporary or final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. Injunction. ders. ties. Additional par- SEC. 5. Whenever it shall appear to the court before which any proceedings under section four of this act 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 subpœnas to that end may be served in any district by the marshal thereof. Forfeiture of property. SEC. 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this act, 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. ages to injured SEC. 7. Any person who shall be injured in his business Threefold damor property by any person or corporation by reason of party. anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, 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. SEC. 8. That the word "person," or "persons," wher- Definitions. ever 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. [28 Stat. L., 570. Aug. 15, 1894.] AN ACT To reduce taxation and provide revenue for the Government, and for other purposes. Declaration of. Public 370, SEC. 73. That every combination, conspiracy, trust. Public policy. agreement, or contract is hereby declared to be contrary (Amended by to public policy, illegal, and void, when the same is made Feb. 12, 1913.) by or between two or more persons or corporations either of whom 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 restrain 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 is or shall hereafter be engaged in the conspiracy of importation of goods or any commodity from any for importers. eign country in violation of this section of this act, 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 Punishment. 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. (now district SEC. 74. That the several circuit courts of the United Circuit courts States are hereby invested with jurisdiction to prevent courts), juris diction of. |