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U.S. CODE
TITLE 15
COMMERCE AND TRADE

Version 2010-02-01

Last update 2011-11-13


  • MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
  • FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION
    • FEDERAL TRADE COMMISSION
    • PROMOTION OF EXPORT TRADE
    • LABELING OF WOOL PRODUCTS
    • LABELING OF FUR PRODUCTS
    • TEXTILE FIBER PRODUCTS IDENTIFICATION
    • PREVENTION OF UNFAIR METHODS OF COMPETITION
  • SECURITIES AND TRUST INDENTURES
    • DOMESTIC SECURITIES
    • FOREIGN SECURITIES
    • TRUST INDENTURES
  • SECURITIES EXCHANGES
  • SECURITIES INVESTOR PROTECTION
  • PUBLIC UTILITY HOLDING COMPANIES
  • INVESTMENT COMPANIES AND ADVISERS
    • INVESTMENT COMPANIES
    • INVESTMENT ADVISERS
  • OMNIBUS SMALL BUSINESS CAPITAL FORMATION
  • TRADE-MARKS
  • CHINA TRADE
  • STATISTICAL AND COMMERCIAL INFORMATION
  • WEIGHTS AND MEASURES AND STANDARD TIME
    • WEIGHTS, MEASURES, AND STANDARDS GENERALLY
    • METRIC CONVERSION
    • STANDARD GAUGE FOR IRON AND STEEL
    • SCREW THREADS
    • STANDARDS OF ELECTRICITY
    • STANDARD BARRELS
    • STANDARD BASKETS AND CONTAINERS
    • STANDARD HAMPERS, ROUND STAVE BASKETS, AND SPLINT BASKETS FOR FRUITS AND VEGETABLES
    • STANDARD TIME
  • NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
  • STANDARD REFERENCE DATA PROGRAM
  • FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED THEREFROM
  • NATIONAL WEATHER SERVICE
  • WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING REQUIREMENT
  • WAR FINANCE CORPORATION
  • COLLECTION OF STATE CIGARETTE TAXES
  • STATE TAXATION OF INCOME FROM INTERSTATE COMMERCE
    • NET INCOME TAXES
    • DISCRIMINATORY TAXES
  • CAUSTIC POISONS
  • DISCRIMINATION AGAINST FARMERS COOPERATIVE ASSOCIATIONS BY BOARDS OF TRADE
  • TEXTILE FOUNDATION
  • FISHING INDUSTRY
  • RECONSTRUCTION FINANCE CORPORATION
  • AID TO SMALL BUSINESS
  • SMALL BUSINESS INVESTMENT PROGRAM
    • GENERAL PROVISIONS
    • SMALL BUSINESS INVESTMENT DIVISION OF SMALL BUSINESS ADMINISTRATION
    • INVESTMENT DIVISION PROGRAMS
      • Small Business Investment Companies
      • New Markets Venture Capital Program
      • Renewable Fuel Capital Investment Pilot Program
    • STATE CHARTERED INVESTMENT COMPANIES AND STATE DEVELOPMENT COMPANIES
    • GUARANTEES
      • Commercial or Industrial Lease and Qualified Contract Guarantees
      • Surety Bond Guarantees
    • LOANS TO STATE AND LOCAL DEVELOPMENT COMPANIES
  • ECONOMIC RECOVERY
    • GENERALLY
    • COMMODITY CREDIT CORPORATION
  • INTERSTATE TRANSPORTATION OF PETROLEUM PRODUCTS
  • NATURAL GAS
  • ALASKA NATURAL GAS TRANSPORTATION
  • ALASKA NATURAL GAS PIPELINE
  • EMERGENCY RELIEF
  • EMERGENCY PETROLEUM ALLOCATION
  • FEDERAL ENERGY ADMINISTRATION
    • FEDERAL ENERGY ADMINISTRATION
    • OFFICE OF ENERGY INFORMATION AND ANALYSIS
  • ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
  • PRODUCTION, MARKETING, AND USE OF BITUMINOUS COAL
    • BITUMINOUS COAL CONSERVATION ACT OF 1935
    • BITUMINOUS COAL ACT OF 1937
  • TRANSPORTATION OF FIREARMS
  • MISCELLANEOUS
  • REGULATION OF INSURANCE
  • NATIONAL POLICY ON EMPLOYMENT AND PRODUCTIVITY
  • TRADEMARKS
    • THE PRINCIPAL REGISTER
    • THE SUPPLEMENTAL REGISTER
    • GENERAL PROVISIONS
    • THE MADRID PROTOCOL
  • DISSEMINATION OF TECHNICAL, SCIENTIFIC AND ENGINEERING INFORMATION
  • TRANSPORTATION OF GAMBLING DEVICES
  • FLAMMABLE FABRICS
  • HOUSEHOLD REFRIGERATORS
  • AUTOMOBILE DEALER SUITS AGAINST MANUFACTURERS
  • DISCLOSURE OF AUTOMOBILE INFORMATION
  • MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES
  • HAZARDOUS SUBSTANCES
  • DESTRUCTION OF PROPERTY MOVING IN COMMERCE
  • TELECASTING OF PROFESSIONAL SPORTS CONTESTS
  • BRAKE FLUID REGULATION
  • ANTITRUST CIVIL PROCESS
  • SEAT BELT REGULATION
  • CIGARETTE LABELING AND ADVERTISING
  • STATE TECHNICAL SERVICES
  • TRAFFIC AND MOTOR VEHICLE SAFETY
    • MOTOR VEHICLE SAFETY STANDARDS
      • General Provisions
      • Discovery, Notification, and Remedy of Motor Vehicle Defects
    • TIRE SAFETY
    • RESEARCH AND TEST FACILITIES
  • FAIR PACKAGING AND LABELING PROGRAM
  • SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF CHILDREN
  • DEPARTMENT OF COMMERCE
  • CONSUMER CREDIT PROTECTION
    • CONSUMER CREDIT COST DISCLOSURE
      • General Provisions
      • Credit Transactions
      • Credit Advertising and Limits on Credit Card Fees
      • Credit Billing
      • Consumer Leases
    • RESTRICTIONS ON GARNISHMENT
    • CREDIT REPAIR ORGANIZATIONS
    • CREDIT REPORTING AGENCIES
    • EQUAL CREDIT OPPORTUNITY
    • DEBT COLLECTION PRACTICES
    • ELECTRONIC FUND TRANSFERS
  • INTERSTATE LAND SALES
  • NEWSPAPER PRESERVATION
  • PROTECTION OF HORSES
  • EMERGENCY LOAN GUARANTEES TO BUSINESS ENTERPRISES
  • CHRYSLER CORPORATION LOAN GUARANTEE
  • MOTOR VEHICLE INFORMATION AND COST SAVINGS
    • BUMPER STANDARDS
    • AUTOMOBILE CONSUMER INFORMATION STUDY
    • DIAGNOSTIC INSPECTION DEMONSTRATION PROJECTS
      • State Programs
      • Special Demonstration Projects
      • Authorization of Appropriations
    • ODOMETER REQUIREMENTS
    • IMPROVING AUTOMOTIVE EFFICIENCY
    • THEFT PREVENTION
  • AUTOMOBILE TITLE FRAUD
  • CONSUMER PRODUCT SAFETY
  • HOBBY PROTECTION
  • FIRE PREVENTION AND CONTROL
  • CONSUMER PRODUCT WARRANTIES
  • NATIONAL PRODUCTIVITY AND QUALITY OF WORKING LIFE
    • FINDINGS, PURPOSE, AND POLICY; DEFINITIONS
    • NATIONAL CENTER FOR PRODUCTIVITY AND QUALITY OF WORKING LIFE
    • FEDERAL AGENCY COORDINATION AND LIAISON WITH CENTER
    • ADMINISTRATIVE PROVISIONS
    • EVALUATION BY COMPTROLLER GENERAL
    • AUTHORIZATION OF APPROPRIATIONS
  • ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
  • TOXIC SUBSTANCES CONTROL
    • CONTROL OF TOXIC SUBSTANCES
    • ASBESTOS HAZARD EMERGENCY RESPONSE
    • INDOOR RADON ABATEMENT
    • LEAD EXPOSURE REDUCTION
    • HEALTHY HIGH-PERFORMANCE SCHOOLS
  • AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT
  • PETROLEUM MARKETING PRACTICES
    • FRANCHISE PROTECTION
    • OCTANE DISCLOSURE
    • SUBSIDIZATION OF MOTOR FUEL MARKETING
  • NATIONAL CLIMATE PROGRAM
  • GLOBAL CHANGE RESEARCH
    • UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM
    • INTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH
    • GROWTH DECISION AID
  • INTERSTATE HORSERACING
  • FULL EMPLOYMENT AND BALANCED GROWTH
    • STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING TREATMENT OF RESOURCE RESTRAINTS
    • POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW
    • GENERAL PROVISIONS
  • RETAIL POLICIES FOR NATURAL GAS UTILITIES
  • NATURAL GAS POLICY
    • WELLHEAD PRICING
    • INCREMENTAL PRICING
    • ADDITIONAL AUTHORITIES AND REQUIREMENTS
      • Emergency Authority
      • Other Authorities and Requirements
    • NATURAL GAS CURTAILMENT POLICIES
    • ADMINISTRATION, ENFORCEMENT, AND REVIEW
    • COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS PROVISIONS
  • SOFT DRINK INTERBRAND COMPETITION
  • CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND ABUSE RELIEF
  • TECHNOLOGY INNOVATION
  • METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND DEMONSTRATION
  • LIABILITY RISK RETENTION
  • PROMOTION OF EXPORT TRADE
    • EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS
    • EXPORT TRADE CERTIFICATES OF REVIEW
    • EXPORT PROMOTION PROGRAMS
  • ARCTIC RESEARCH AND POLICY
  • LAND REMOTE-SENSING COMMERCIALIZATION
    • DECLARATION OF FINDINGS, PURPOSES, AND POLICIES
    • OPERATION AND DATA MARKETING OF LANDSAT SYSTEM
    • PROVISION OF DATA CONTINUITY AFTER THE LANDSAT SYSTEM
    • LICENSING OF PRIVATE REMOTE-SENSING SPACE SYSTEMS
    • RESEARCH AND DEVELOPMENT
    • GENERAL PROVISIONS
    • PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
  • COOPERATIVE RESEARCH
  • COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION
  • PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION
  • SEMICONDUCTOR RESEARCH
    • COOPERATIVE RESEARCH PROGRAM
    • DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY RESEARCH EXCELLENCE INITIATIVE
  • EXPORT ENHANCEMENT
    • FAIR TRADE IN AUTO PARTS
    • FAIR TRADE IN AUTOMOTIVE PARTS
    • GENERAL PROVISIONS
    • EXPORT PROMOTION
  • COMPETITIVENESS POLICY COUNCIL
  • NATIONAL TRADE DATA BANK
  • IMITATION FIREARMS
  • STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY COMPETITIVENESS
  • SUPERCONDUCTIVITY AND COMPETITIVENESS
  • METAL CASTING COMPETITIVENESS RESEARCH PROGRAM
  • FASTENERS
  • HIGH-PERFORMANCE COMPUTING
    • HIGH-PERFORMANCE COMPUTING RESEARCH AND DEVELOPMENT
    • AGENCY ACTIVITIES
    • DEPARTMENT OF ENERGY HIGH-END COMPUTING REVITALIZATION
  • LAND REMOTE SENSING POLICY
    • LANDSAT
    • LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
    • RESEARCH, DEVELOPMENT, AND DEMONSTRATION
    • ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING SYSTEM
    • GENERAL PROVISIONS
    • PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
  • TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
    • REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES
    • BILLING AND COLLECTION
  • COMMERCIAL SPACE COMPETITIVENESS
  • ARMORED CAR INDUSTRY RECIPROCITY
  • CHILDRENS BICYCLE HELMET SAFETY
  • TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
  • NATIONAL DO-NOT-CALL REGISTRY
  • INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE
  • PROFESSIONAL BOXING SAFETY
  • PROPANE EDUCATION AND RESEARCH
  • CHILDRENS ONLINE PRIVACY PROTECTION
  • PROMOTING A SAFE INTERNET FOR CHILDREN
  • YEAR 2000 COMPUTER DATE CHANGE
  • INSURANCE
    • STATE REGULATION OF INSURANCE
    • REDOMESTICATION OF MUTUAL INSURERS
    • NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS
    • RENTAL CAR AGENCY INSURANCE ACTIVITIES
  • PRIVACY
    • DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION
    • FRAUDULENT ACCESS TO FINANCIAL INFORMATION
  • MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING PROGRAM
  • ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE
    • ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE
    • TRANSFERABLE RECORDS
    • PROMOTION OF INTERNATIONAL ELECTRONIC COMMERCE
  • WOMENS BUSINESS ENTERPRISE DEVELOPMENT
  • PUBLIC COMPANY ACCOUNTING REFORM AND CORPORATE RESPONSIBILITY
    • PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD
    • AUDITOR INDEPENDENCE
    • CORPORATE RESPONSIBILITY
    • ENHANCED FINANCIAL DISCLOSURES
  • NATIONAL CONSTRUCTION SAFETY TEAM
  • CYBER SECURITY RESEARCH AND DEVELOPMENT
  • NANOTECHNOLOGY RESEARCH AND DEVELOPMENT
  • FAIRNESS TO CONTACT LENS CONSUMERS
  • CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING
  • SPORTS AGENT RESPONSIBILITY AND TRUST
  • PROTECTION OF LAWFUL COMMERCE IN ARMS
  • POOL AND SPA SAFETY
  • PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
    • COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST COUNTERFEITING AND INFRINGEMENT
    • CYBERSQUATTING PROTECTION
  • Version 2010-02-01

CHAPTER 1

MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

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

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.



Monopolizing trade a felony; penalty

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.



Trusts in Territories or District of Columbia illegal; combination a felony

(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.



Jurisdiction of courts; duty of United States attorneys; procedure

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.



Bringing in additional parties

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.



Forfeiture of property in transit

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.



Conduct involving trade or commerce with foreign nations

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.



"Person" or "persons" defined

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.



Trusts in restraint of import trade illegal; penalty

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.



Jurisdiction of courts; duty of United States attorneys; procedure

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.



Bringing in additional parties

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.



Forfeiture of property in transit

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.



Definitions; short title

(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".



Discrimination in price, services, or facilities

(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.