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TITLE 50.-WAR AND NATIONAL DEFENSE-Con. Chap. 4. Espionage. 4A. Photographing, Sketching, Mapping, Etc.,

Defensive Installations. 5. Arsenals, Armories, Arms, and War Material

Generally. 6. Willful Destruction, Etc., of War or National

Defense Material. 7. Interference with Homing Pigeons Owned by

United States. 8. Explosives; Manufacture, Distribution, Stor

age, Use, and Possession Regulated. 9. Aircraft. 10. Helium Gas. 11. Acquisition of and Expenditures on Land for

National-Defense Purposes. 12. Vessels in Territorial Waters of United States. 13. Insurrection. 14. Wartime Voting by Land and Naval Forces. 15. National Security. 16. National Industrial Reserves. 17. Arming American Vessels. 18. Air-Warning Screen. 19. Guided Missiles. 20. Wind Tunnels. 21. Abaca Production. 22. Uniform Code of Military Justice. 23. Internal Security. 24. National Defense Facilities. 25. Armed Forces Reserve.

TITLE 50.-WAR AND NATIONAL DEFENSE,

APPENDIX Proclamations and Executive Orders and Joint Reso

lutions Respecting War and Neutrality. Trading With the Enemy Act of 1917. Soldiers' and Sailors' Civil Relief Act of 1918. Selective Draft Act of 1917. Selective Training and Service Act of 1940. Office of Selective Service Records. Service Extension Act of 1941. Army Reserve and Retired Personnel Service Law

of 1940. Universal Military Training and Service Act. Soldiers' and Sailors' Civil Relief Act of 1940. First War Powers Act. Second War Powers Act, 1942. Exportation Restrictions on Certain Articles. Requisition of Military Equipment, Materials and

Supplies. Territorial Use of Army and Extension of Service

Period. Civilian Protection From War Hazards. Decorations, etc., for Merchant Marine. Use of Public Lands for War Purposes. Miscellaneous Provisions Affecting Military Estab

lishment. Photographing, Mapping or Other Representation

of Military or Defense Properties. Exemption of Certain Articles From Import Duties

and Taxes. Temporary Appointments, Promotions, etc.,

of Navy, Marine Corps, and Coast Guard Officers. Jurisdiction of Prizes and Prize Proceedings.

TITLE 50.—WAR AND NATIONAL DEFENSE,

APPENDIX—Continued Certain Allowance Assistance for Civilian and Mili

tary Personnel. Free Entry of Gifts From Members of Armed Forces. Free Postage for Armed Forces Personnel. Emergency Price Control Act of 1942.

Rules—United States Emergency Court of

Appeals. Stabilization Act of 1942. Extension of Sugar Controls. Missing Persons Act. Small Business Mobilization Law. War and Defense Contract Acts. National Emergency and War Shipping Acts. Farm Labor Supply Appropriation Act, 1944. War Overtime Pay Act of 1943. Training of Nurses Through Grants to Institutions. Civilian Reemployment of Members of Merchant

Marine. War Labor Disputes Act. Voluntary Enlistments in the Regular Military

Establishment. Women's Army Corps. United Nations Relief and Rehabilitation Admin

istration. Temporary Appointments of Army Nurse Corps

Members, etc., as Officers of Army of the United

States. Disposal of Materials on Public Lands. Surplus Property Act of 1944. War Mobilization and Reconversion Act of 1944. Fleet Admiral of the Navy and General of the Army. Disposal of Censored-Mail. Disbursing Officers' Additional Functions. General of the Marine Corps. Admiral in the Coast Guard. Exception of Navy or Coast Guard Vessels From

Certain Navigation Rules. Sale of Surplus War-Built Vessels. Rehabilitation of Philippines. Return and Interment of Persons Buried Outside

United States. Veterans' Emergency Housing Program. Naval Vessels as Atomic Targets. Admission of Alien Fiancées Into United States. Military Assistance to Philippine Republic. Naval Aid to China. Naval Aid to Japan. Housing and Rent Acts. Stabilization of Economy and Commodity Prices. Domestic Rubber-Producing Industry. Admission of Displaced Persons. American-Japanese Evacuation Claims. Medical Care for Philippine Veterans. War Claims. Export Controls. Alien Property Damage Claims. Defense Production Act of 1950. Dependents Assistance Act of 1950. Civil Defense. Emergency Food Aid to India. Korean Combat Pay. World War II License Agreements.

TITLE 15.-COMMERCE AND TRADE

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12.

79

Chap.

Sec. 1. Monopolies and Combinations in Restraint of Trade---

1 2. Federal Trade Commission; Promotion

of Export Trade and Prevention of Un-
fair Methods of Competition.---

41 2A. Securities and Trust Indentures.

77a 2B. Securities Exchanges.

78a 20. Public Utility Holding Companies---2D. Investment Companies and Advisors.--- 80a-1 3. Trade-Marks.

81 4. China Trade.--

141 5. The Bureau of Foreign and Domestic Commerce

171 6. Weights and Measures and Standard Time

201 7. The Bureau of Standards

271 8. Falsely Stamped Gold or Silver or Goods Manufactured Therefrom---

291 9. The Weather Bureau_---

311 10. War Finance Corporation..

331 10A. Collection of State Cigarette Taxes. 375 11. Caustic Poisons...

401 12. Discrimination Against Farmers' Coopera

tive Associations by Boards of Trade--- 431 13. Textile Foundations.-

501 13A. Fishing Industry

521 14. Reconstruction Finance Corporation ---- 601 15. Economic Recovery --.

701 15A. Interstate Transportation of Petroleum Products

715 15B. Natural Gas.-

717 16. Emergency Relief.

721 17. Production, Marketing, and Use of Bituminous Coal. --

801 18. Transportation of Firearms..

901 19. Miscellaneous.-

1001 20. Regulation of Insurance..

1011 21. National Policy on Insurance

1021 22. Trade-Marks --

1051 Dissemination of Technical, Scientific and Engineering Information..

1151 24. Transportation of Gambling Devices.-- 1171

HISTORICAL NOTE This chapter includes among other statutory provisions the Sherman Anti-Trust Act of July 2, 1890, comprising sections 1–7 of this title and the Clayton Act of Oct, 15, 1914, comprising sections 12—27 of this title.

Sec. 6. Forfeiture of property in transit. 7. "Person" defined. 8. Trusts in restraint of import trade illégal; penalty. 9. Jurisdiction of courts; duty of district attorneys;

procedure. 10. Bringing in additional parties. 11. Forfeiture of property in transit.

Words defined.
13. Discrimination in price, services, or facilities.

(a) Price; selection of customers.
(b) Burden of rebutting prima facie case of

discrimination.
(c) Payment or acceptance of commission,

brokerage or other compensation. (d) Payment for services or facilities for proc

essing or sale. (e) Furnishing services or facilities for proc

essing, handling, etc. (1) Knowingly inducing or receiving discrim

inatory price. 18a. Discrimination in rebates, discounts, or advertising

service charges; underselling in particular local

ities; penalties. 13b. Cooperative association; turn of net earnings or

surplus. 13c. Exemption of non-profit institutions from price dis

crimination provisions. 14. Sale, etc., on agreement not to use goods of com

petitor. 15. Suits by persons injured; amount of recovery. 16. Judgment in favor of Government as evidence;

limitation of actions. 17. Antitrust laws not applicable to labor organizations.

Acquisition by one corporation of stock of another. 19. Interlocking directorates and officers. 198. Repealed. 20. Purchases by common carriers in case of inter

locking directorates, etc. 21. Enforcement provisions; procedure. 21a. Actions and proceedings pending prior to June 19,

1936; additional and continuing violations, 22. District in which to sue corporation.

Suits by United States; subpænas for witnesses. 24. Llability of directors and agents of corporation. 25. Restraining violations; procedure. 26. Injunctive relief for private parties; exception. 27. Effect of partial invalidity. 28. Expedition of actions by United States involving

general public importance. 29. Appeals to Supreme Court. 30. Depositions for use in suits in equity. 31. Panama Canal closed to violators of antitrust laws. 32. Immunity of witness. 33. Immunity extended to natural persons only.

CROSS REFERENCES Air Commerce Act of 1926, see sections 171, 174177, and 179—184 of Title 49, Transportation.

Aircraft construction, building at navy yards to defeat combination, see section 749a of Title 34, Navy.

Arbitration of controversies arising out of maritime contracts or transactions, see section 1 et seq. of Title 9, Arbitration.

Associations engaged in catching and marketing aquatic products, see section 522 of this title.

Associations of producers of agriculture products monopolizing or restraining trade and unduly enhancing prices, see section 292 of Title 7, Agriculture,

18.

23.

23.

Chapter 1.-MONOPOLIES AND COMBINATIONS

IN RESTRAINT OF TRADE Sec. 1. Trusts, etc., in restraint of trade illegal; exception of

resale price agreements; penalty. 2. Monopolizing trade a misdemeanor; penalty. 3. Trusts in Territories or District of Columbia illegal;

combination a misdemeanor. 4. Jurisdiction of courts; duty of district attorneys;

procedure. 5. Bringing in additional parties.

Page 1607

Bids for services and supplies for armed forces violating anti-trust laws, reference to Attorney General, see section 151 of Title 41, Public Contracts. Carriers

Agreements between carriers as to rates, spares, etc., see section 5b of Title 49, Transportation.

Combinations to prevent continuous carriage of freight prohibited, see section 7 of Title 49, Transportation.

Consolidation or merger as relieving from operation of anti-trust laws, see section 5 (11) of Title

49, Transportation. Coal leases in Alaska, forfeiture for violating anti-trust laws, see section 443 of Title 48, Territories and Insular Possessions.

Department of Commerce, see section 591 et seq. of Title 5, Executive Departments and Government Officers and Employees.

District courts, original jurisdiction of any civil action or proceeding arising under this chapter, see section 1337 of Title 28, Judiciary and Judicial Procedure.

Electrical energy, monopolistic combinations prohibited, see section 803 (h) of Title 16, Conservation. Exemptions from anti-trust laws

Marketing agreements of Secretary of Agriculture with manufacturers and others engaged in handling anti-hog-cholera serum and hog-cholera virus, see section 852 of Title 7, Agriculture.

Marketing agreements of Secretary of Agriculture with processors, producers, associations of producers, and others engaged in handling any agricultural commodity or product thereof, see section 608b of

Title 7, Agriculture. Export trade, applicability of sections 147, and 15 of this title, see section 62 of this title. Federal Trade Commission

Investigation of compliance with anti-trust decrees and violation of anti-trust statutes, and recommendations for readjustment of business of offending corporations, see section 46 of this title.

Reference of equity suits to commission, see section 47 of this title. Import trade

Sale of imported articles at less than market value or wholesale price prohibited, see section 72 of this title.

Unfair methods of competition and unfair practices in import trade as unlawful, see section 1337

of Title 19, Customs Duties. Insurance business as subject to this chapter, see sections 1012 and 1013 of this title.

Packers or live poultry dealers restraining commerce or creating a monopoly, see section 192 of Title 7, Agriculture. Radio

Competition in commerce, see section 314 of Title 47, Telegraphs, Telephones, and Radio-Telegraphs.

Manufacture or sale, see section 313 of Title 47, Telegraphs, Telephones, and Radio-telegraphs.

Refusal of license after revocation, see section 311 of Title 47, Telegraphs, Telephones, and Radio

telegraphs. Tobacco control, compacts between states, see section 515 of Title 7, Agriculture.

CONGRESSIONAL INVESTIGATION OF MONOPOLY Joint Res. June 16, 1938, ch. 456, 52 Stat. 705, created a Temporary National Eco omic Con mittee 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, $$ 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 March 31, 1941 and is contained in Senate Document No.

35, copies of which may be obtained from the Government Printing Office, Washington, D. C. 8 1. Trusts, etc., in restraint of trade illegal; excep

tion of resale price agreements; 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: Provided, That nothing contained in sections 1–7 of this title shall render illegal, contracts or agreements prescribing minimum prices for the resale of a commodity which bears, or the label or container of which bears, the trade mark, brand, or name of the producer or distributor of such commodity and which is in free and open competition with commodities of the same general class produced or distributed by others, when contracts or agreements of that description are lawful as applied to intrastate transactions, under any statute, law, or public policy now or hereafter in effect in any State, Territory, or the District of Columbia in which such resale is to be made, or to which the commodity is to be transported for such resale, and the making of such contracts or agreements shall not be an unfair method of competition under section 45 of this title: Provided further, That the preceding proviso shall not make lawful any contract or agreement, providing for the establishment or maintenance of minimum resale prices on any commodity herein involved, between manufacturers, or between producers, or between wholesalers, or between brokers, or between factors, or between retailers, or between persons, firms, or corporations in competition with each other. Every person who shall make any contract or engage in any combination or conspiracy declared by sections 1–7 of this title to be illegal 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. (July 2, 1890 ch. 647, § 1, 26 Stat. 209; Aug. 17, 1937, ch. 690, title VIII, 50 Stat. 693.)

AMENDMENTS 1937-Act Aug. 17, 1937, amended section by adding the two provisos.

CROSS REFERENCES Antitrust laws inapplicable to labor organizations, se section 17 of this title.

Carriers relieved from operation of this chapter, se section 5 (11) of Title 49, Transportation.

Combinations in restraint of import trade, see section of this title,

Conspiracy to commit offense or to defraud Unite States, see section 371 of Title 18, Crimes and Crimina Procedure.

Discrimination in price, services or facilities, see sec tion 13 of this title.

Fishing industry, restraints of trade in, see section 52 of this title.

Misdemeanor, offense punishable by imprisonment nc exceeding one year as, see section 1 of Title 18, Crime and Criminal Procedure.

Monopolies prohibited, see section 2 of this title.

Trusts in territories or District of Columbia prohibite see section 3 of this title. 82. Monopolizing trade a misdemeanor; penalty.

Every person who shall monopolize, or attempt monopolize, or combine or conspire with any oth

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 exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. (July 2, 1890, ch. 647, § 2, 26 Stat. 209.)

CROSS REFERENCES Antitrust laws inapplicable to labor organizations, see section 17 of this title.

Carriers relieved from operation of this chapter, see section 5 (11) of Title 49, Transportation.

Combinations in restraint of import trade, see section 8 of this title.

Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure.

Discrimination in price, services or facilities, see section 13 of this title.

Fishing industry, monopolies in, see section 522 of this title,

Misdemeanor, offense punishable by imprisonment not exceeding one year as, see section 1 of Title 18, Crimes and Criminal Procedure.

Monopolies prohibited, see section 2 of this title.

Trusts in territories or District of Columbia prohibited, see section 3 of this title.

strain violations of sections 1–7 of this title; and it shall be the duty of the several district attorneys of the United States, 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. (July 2, 1890, ch. 647, § 4, 26 Stat, 209; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

AMENDMENTS 1911—Act Mar. 3, 1911, vested jurisdiction in "district" courts, instead of "circuit” courts.

CROSS REFERENCES Issuance of injunctions in labor disputes, see sections 52 and 107 of Title 29, Labor.

Restraining trusts in restraint of import trade, see section 9 of this title.

Restraining violations of Clayton Act, see sections 25 and 26 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Commencement of action by filing a complaint with the court, see rule 3, following section 2072 of Title 28, Judiciary and Judicial Procedure.

Continuation of section under rule 65, see note by Advisory Committee under said rule.

Federal Rules of Civil Procedure as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1.

Injunctions, see rule 65.
Pleadings allowed, see rule 7.
One form of action, see rule 2.

$ 3. Trusts in Territories or District of Columbia

illegal; combination a misdemeanor. 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 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. (July 2, 1890, ch. 647, § 3, 26 Stat. 209.)

CROSS REFERENCES Antitrust laws inapplicable to labor organizations, see section 17 of this title.

Carriers relieved from operation of this chapter, see section 5 (11) of Title 49, Transportation.

Combinations in restraint of import trade, see section 8 of this title.

Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure.

Discrimination in price, services, or facilities, see section 13 of this title.

Misdemeanor, offense punishable by imprisonment not exceeding one year as, see section 1 of Title 18, Crimes and Criminal Procedure.

Monopolies prohibited, see section 2 of this title,

Trusts in territories or District of Columbia prohibited, see section 3 of this title. 8 4. Jurisdiction of courts; duty of district attorneys;

procedure. The several district courts of the United States are invested with jurisdiction to prevent and re

85. 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 subpænas to that end may be served in any district by the marshal thereof. (July 2, 1890, ch. 647, § 5, 26 Stat. 210.)

CROSS REFERENCES Bringing in additional parties in private actions, see sections 10 and 25 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Adding or dropping parties, see rule 21, following section 2072 of Title 28, Judiciary and Judicial Procedure.

Continuance of section under rule 4, see note by Advisory Committee under said rule 4.

Process, see said rule 4.

86. 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

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