Jurisdiction; circuit courts.

exceeding one year, or by both said punishments, in the discretion of the court.

Sec. 2. PERSONS

GUILTY

MONOPOLIZING TRADE

OF

MISDEMEANOR-PEN

ALTY. (26 Stat. 209; 15 U. S. C. A., sec. 2.) SEC. 2. 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 misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

Sec. 3. CONTRACTS, ETC., AFFECTING TERRI-
TORIES OR DISTRICT OF COLUMBIA
ILLEGAL-PENALTY. (26 Stat. 209; 15
U.S. C. A., sec. 3.)

SEC. 3. 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 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 five thousand dollars, or by imprisonment not exceeding one year, or by both said. punishments, in the discretion of the court.

Sec. 4. ENFORCEMENT. (26 Stat. 209; 15 U. S.
C. A., sec. 4.)

2

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

2 Act of Mar. 3, 1911, c. 231, 36 Stat. 1167, abolishes the courts referred to and confers their powers upon the district courts.

their respective districts, under the direction of the At-
torney General, to institute procedings in equity to pre-
vent 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 pro-
hibited. 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 determi[210]nation
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.

Sec. 5. ADDITIONAL PARTIES. (26 Stat. 210; 15
U.S. C. A., sec. 5.)

SEC. 5. Whenever it shall appear to the court before which any proceeding 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 subpoenas to that end may be served in any district by the marshal thereof.

Sec. 6. FORFEITURE OF PROPERTY. (26 Stat. 210; 15 U.S. C. A., sec. 6.)

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 con- Procedure. demned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.

Sec. 7. SUITS-RECOVERY. (26 Stat. 210; 15 U. S.
C. A., sec. 15 and note.)

SEC. 7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United

See footnote on p. 58.

3

Threefold damages

and costs.

Corporations and associations under

laws of United States, etc.

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 sus-
tained, and the costs of suit, including a reasonable at-
torney's fee.

Sec. 8. "PERSON" OR "PERSONS" DEFINED. (26
Stat. 210; 15 U. S. C. A., sec. 7.)

SEC. 8. That 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.

Approved, July 2, 1890.

ACT

[PUBLIC-No. 692-74TH CONGRESS]

[H. R. 8442]

AN ACT To amend section 2 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, as amended (U. S. C., title 15, sec. 13), and for other purposes

[Sec. 1] DISCRIMINATING IN PRICE, SERVICE, OR FACILITIES. (49 Stat. 1526; 15 U. S. C. A., sec. 13.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914, as amended (U. S. C., title 15, sec. 13, is amended to read as follows:

"SEC. 2. (a) That it shall be unlawful for any person engaged in commerce" (etc., as published supra p. 22 et seq. as the text of sec. 2, namely, subparagraphs (a) to (f), inclusive, ending with the words "which is prohibited by this section").

Sec. 2. RIGHTS, LITIGATION, OR ORDERS OF
COMMISSION UNDER SEC. 2 OF ACT
OF OCT. 15, 1914. (49 Stat. 1527.)

SEC. 2. That 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 2 of said Act of October 15, 1914, prior to the effective date of this amendatory Act: Provided, That where, prior to the effective date of this amendatory Act, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of section 2 of said Act of October 15, 1914, 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 the effective date of this amendatory Act, or is committing, using, or carrying on,

Thereafter
proceedings
as under

Section 11 of
Act of Oct.
15, 1914.

To be party to or knowingly assist in such discrimination, prohibited.

any act, practice or method in violation of any of the
provisions of said section 2 as amended by this Act, it
may reopen such original proceeding 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 11 of
said Act of October 15, 1914. If upon such hearing the
Commission shall be of the opinion that any act, prac-
tice, or method charged in said supplementary complaint
has been committed, used, or carried on since the effec-
tive date of this amendatory Act, or is being committed,
used or carried on, in violation of said section 2 as
amended by this Act, 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 [1528] its original order to include any addi-
tional violations of law so found. Thereafter the provi-
sions of section 11 of said Act of October 15, 1914, 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 11
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.

Sec. 3. DISCOUNTS, REBATES, ALLOWANCES,
DISCRIMINATING AGAINST RECIPI-
ENT'S COMPETITORS; AND PLACE
DISCRIMINATION AND SALE OR OF-
FER AT UNREASONABLY LOW PRICES
TO DESTROY OR ELIMINATE COMPE-
TITION. (49 Stat. 1528; 15 U. S. C. A.,
sec. 13a.)

SEC. 3. 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, allow