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ANTITRUST LAWS WITH AMENDMENTS

1890-1936
[P ublic—No. 190]
An Act To protect trade and commerce against unlawful restraints and monop­
olies

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress asssembled,
S ec. 1. Every contract, combination in the form of trust or other­
wise, or conspiracy, in restraint of trade or commerce among th© sev­
eral States, or with foreign 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 thereoi, 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.
S eo. 2. Every person who shall monopolize, or attempt to monop­
olize, 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 misde­
meanor, 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.
S eo. 3. Every contract, combination in form of trust or otherwise,
or conspiracy, in restraint of trade or commerce in any Territory oi
the United States or of the District of Columbia, or m restraint of
trade or commerce between any such Territory and another, or be­
tween 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 o f a misdemeanor, and, on conviction thereof, shall
be punished Dy fine not exceeding five thousand dollars, or by im­
prisonment not exceeding one year, or by both said punishments,
in the discretion of the court
S eo. 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
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 en­
joined or otherwise prohibited, when the parties complained of
shall have been duly notified o f such petition tJbe court shall proceed,




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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 anv
time make sucn temporary restraining order or prohibition as shall
be deemed just in the premises.
S ec. 5. Whenever it shall appear to the court before which any
proceeding under section four o f this act may be pending, that the
ends o f 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 n o t; and subpoenas
to that end may be served in any district by the marshal thereor.
S ec. 6. Any property owned under any contract or by any combina­

tion, or pursuant to any conspiracy (and being the subject thereof)
mentioned in section one of this act, and being m the course of trans­
portation 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.
S ec. 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 States in the district in which the defendant re­
sides or is found, without respect to the amount in controversy, and
shall recover threefold the damages by him sustained, and the costs of
suit, including a reasonable attorney’s fee.
S ec. 8. That the word “ person” , or “ persons” , wherever used in
this act shall be deemed to include corporations and associations ex­
isting 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, J uly 2, 1890.

(EXTRACT FROM)

[ P ublic L aw No. 227— 53d C ongress]

S eo. 73. That every combination, conspiracy, trust, agreement, or
contract is hereby 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 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 m 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 importation of goods or
any commodity from any foreign country in violation of this section
o f 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 o f the United States, such person shall be fined in a sum not
less than one hundred dollars and not exceeding five thousand dollars,