US Code : Title 15, Sections 1-2, 16
(Sherman, Clayton, and Tunney Act excerpts)
Sec. 1. 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 $10,000,000 if a corporation, or, if any other person,
$350,000, or by imprisonment not exceeding three years, or by both said punishments,
in the discretion of the court.
Sec. 2. 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
$10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment
not exceeding three years, or by both said punishments, in the discretion of
the court.
Sec. 16. Judgments
- (a) Prima facie evidence; collateral estoppel
A final judgment or decree heretofore or hereafter rendered in any civil or
criminal proceeding brought by or on behalf of the United States under the
antitrust laws to the effect that a defendant has violated said laws shall
be prima facie evidence against such defendant in any action or proceeding
brought by any other party against such defendant under said laws as to all
matters respecting which said judgment or decree would be an estoppel as between
the parties thereto: Provided, That this section shall not apply to consent
judgments or decrees entered before any testimony has been taken. Nothing
contained in this section shall be construed to impose any limitation on the
application of collateral estoppel, except that, in any action or proceeding
brought under the antitrust laws, collateral estoppel effect shall not be
given to any finding made by the Federal Trade Commission under the antitrust
laws or under section 45 of this
title which could give rise to a claim for relief under the antitrust laws.
- (b) Consent judgments and competitive impact statements;
publication in Federal Register; availability of copies to the public
Any proposal for a consent judgment submitted by the United States for entry
in any civil proceeding brought by or on behalf of the United States under
the antitrust laws shall be filed with the district court before which such
proceeding is pending and published by the United States in the Federal Register
at least 60 days prior to the effective date of such judgment. Any written
comments relating to such proposal and any responses by the United States
thereto, shall also be filed with such district court and published by the
United States in the Federal Register within such sixty-day period. Copies
of such proposal and any other materials and documents which the United States
considered determinative in formulating such proposal, shall also be made
available to the public at the district court and in such other districts
as the court may subsequently direct. Simultaneously with the filing of such
proposal, unless otherwise instructed by the court, the United States shall
file with the district court, publish in the Federal Register, and thereafter
furnish to any person upon request, a competitive impact statement which shall
recite -
- (1) the nature and purpose of the proceeding;
- (2) a description of the practices or events giving
rise to the alleged violation of the antitrust laws;
- (3) an explanation of the proposal for a consent judgment,
including an explanation of any unusual circumstances giving rise to such
proposal or any provision contained therein, relief to be obtained thereby,
and the anticipated effects on competition of such relief;
- (4) the remedies available to potential private plaintiffs
damaged by the alleged violation in the event that such proposal for the
consent judgment is entered in such proceeding;
- (5) a description of the procedures available for
modification of such proposal; and
- (6) a description and evaluation of alternatives to such proposal actually
considered by the United States.
- (c) Publication of summaries in newspapers
The United States shall also cause to be published, commencing at least 60
days prior to the effective date of the judgment described in subsection (b)
of this section, for 7 days over a period of 2 weeks in newspapers of general
circulation of the district in which the case has been filed, in the District
of Columbia, and in such other districts as the court may direct -
- (i) a summary of the terms of the proposal for consent
judgment,
- (ii) a summary of the competitive impact statement
filed under subsection (b) of this section,
- (iii) and a list of the materials and documents
under subsection (b) of this section which the United States shall make
available for purposes of meaningful public comment, and the place where
such materials and documents are available for public inspection.
- (d) Consideration of public comments by Attorney General
and publication of response
During the 60-day period as specified in subsection (b) of this section, and
such additional time as the United States may request and the court may grant,
the United States shall receive and consider any written comments relating
to the proposal for the consent judgment submitted under subsection (b) of
this section. The Attorney General or his designee shall establish procedures
to carry out the provisions of this subsection, but such 60-day time period
shall not be shortened except by order of the district court upon a showing
that (1) extraordinary circumstances require such shortening and (2) such
shortening is not adverse to the public interest. At the close of the period
during which such comments may be received, the United States shall file with
the district court and cause to be published in the Federal Register a response
to such comments.
- (e) Public interest determination
Before entering any consent judgment proposed by the United States under this
section, the court shall determine that the entry of such judgment is in the
public interest. For the purpose of such determination, the court may consider
-
- (1) the competitive impact of such judgment, including
termination of alleged violations, provisions for enforcement and modification,
duration or relief sought, anticipated effects of alternative remedies
actually considered, and any other considerations bearing upon the adequacy
of such judgment;
- (2) the impact of entry of such judgment upon the
public generally and individuals alleging specific injury from the violations
set forth in the complaint including consideration of the public benefit,
if any, to be derived from a determination of the issues at trial.
- (f) Procedure for public interest determination
In making its determination under subsection (e) of this section, the court
may -
- (1) take testimony of Government officials or experts
or such other expert witnesses, upon motion of any party or participant
or upon its own motion, as the court may deem appropriate;
- (2) appoint a special master and such outside consultants
or expert witnesses as the court may deem appropriate; and request and
obtain the views, evaluations, or advice of any individual, group or agency
of government with respect to any aspects of the proposed judgment or
the effect of such judgment, in such manner as the court deems appropriate;
- (3) authorize full or limited participation in proceedings
before the court by interested persons or agencies, including appearance
amicus curiae, intervention as a party pursuant to the Federal Rules of
Civil Procedure, examination of witnesses or documentary materials, or
participation in any other manner and extent which serves the public interest
as the court may deem appropriate;
- (4) review any comments including any objections filed
with the United States under subsection (d) of this section concerning
the proposed judgment and the responses of the United States to such comments
and objections; and
- (5) take such other action in the public interest as the court may deem
appropriate.
- (g) Filing of written or oral communications with the district
court
Not later than 10 days following the date of the filing of any proposal for
a consent judgment under subsection (b) of this section, each defendant shall
file with the district court a description of any and all written or oral
communications by or on behalf of such defendant, including any and all written
or oral communications on behalf of such defendant, or other person, with
any officer or employee of the United States concerning or relevant to such
proposal, except that any such communications made by counsel of record alone
with the Attorney General or the employees of the Department of Justice alone
shall be excluded from the requirements of this subsection. Prior to the entry
of any consent judgment pursuant to the antitrust laws, each defendant shall
certify to the district court that the requirements of this subsection have
been complied with and that such filing is a true and complete description
of such communications known to the defendant or which the defendant reasonably
should have known.
- (h)
Inadmissibility as evidence of proceedings before the district
court and the competitive impact statement
Proceedings before the district court under subsections (e) and
(f) of this section, and the competitive impact statement filed
under subsection (b) of this section, shall not be admissible
against any defendant in any action or proceeding brought by any
other party against such defendant under the antitrust laws or by
the United States under section 15a of this title nor constitute a
basis for the introduction of the consent judgment as prima facie
evidence against such defendant in any such action or proceeding.
- (i)
Suspension of limitations
Whenever any civil or criminal proceeding is instituted by the
United States to prevent, restrain, or punish violations of any of
the antitrust laws, but not including an action under section 15a
of this title, the running of the statute of limitations in respect
to every private or State right of action arising under said laws
and based in whole or in part on any matter complained of in said
proceeding shall be suspended during the pendency thereof and for
one year thereafter: Provided, however, That whenever the running
of the statute of limitations in respect of a cause of action
arising under section 15 or 15c of this title is suspended
hereunder, any action to enforce such cause of action shall be
forever barred unless commenced either within the period of
suspension or within four years after the cause of action accrued.