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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, ( i) 2 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,
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