« ForrigeFortsett »
SEC. 3. That it shall be unlawful for the owner, operator, or transporter of the product or products of any mine, 22 oil or gas well, reduction works, refinery, or hydroelectric 23 plant producing coal, oil, gas, or hydroelectric energy, or for 24 any person controlling the products thereof, engaged in 25 selling such product in commerce to refuse arbitrarily to sell PAGE 4.
such product to a responsible person, firm, or corporation who applies to purchase such product for use, consumption, or resale within the United States or any Territory thereof or 4 the District of Columbia or any insular possession or other 5 place under the jurisdiction of the United States, and any 6 person violating this section shall be deemed guilty of a misdemeanor and shall be punished as provided in the preceding section.
SEC. 4. That any person engaged in commerce who 10 shall lease or make a sale of goods, wares, merchandise, 11 machinery, supplies, or other commodities for use, con12 sumption, or resale within the United States, or any Terri13 tory thereof or the District of Columbia or any insular 14 possession or other place under the jurisdiction of the United 15 States, or fix a price charged therefor, or discount from, or 16 rebate upon such price, on the condition, agreement, ‹r 17 understanding that the lessee or purchaser thereof shall not 18 use or deal in the goods, wares, merchandise, machinery, 19 supplies, or other commodities of a competitor or com20 petitors of the lessor or seller shall be deemed guilty of a 21 misdemeanor, and upon conviction thereof shall be punished 22 by a fine not exceeding $5,000, or by imprisonment not 23 exceeding one year, or by both, in the discretion of the court. SEC. 5. That any person who shall be injured in his 25 business or property by reason of anything forbidden in the
1 antitrust laws may sue therefor in any district court of the 2 United States in the district in which the defendant resides or 3 is found or has an agent, without respect to the amount in 4 controversy, and shall recover threefold the damages by him 5 sustained, and the cost of suit, including a reasonable 6 attorney's fee.
SEC. 6. That whenever in any suit or proceeding in 8 equity hereafter brought by or on behalf of the United States 9 under any of the antitrust laws there shall have been ren10 dered a final judgment or decree to the effect that a defendant has entered into a contract, combination in the form of 12 trust or otherwise, or conspiracy, in restraint of trade or 13 commerce, or has monopolized, or attempted to monopolize or combined with any person or persons to monopolize, any 15 part of commerce, in violation of any of the antitrust laws, 16 said judgment or decree shall, to the full extent to which such 17 judgment or decree would constitute in any other proceed18 ing an estoppel as between the United States and such 19 defendant, constitute against such defendant conclusive evi20 dence of the same facts, and be conclusive as to the same 21 questions of law in favor of any other party in any action or 22 proceeding brought under or involving the provisions of any of the antitrust laws.
Whenever any suit or proceeding in equity is hereafter 25 brought by or on behalf of the United States, under any of
the antitrust laws, the statute of limitations in respect of each 2 and every private right of action, arising under such antitrust 3 laws, and based, in whole or in part, on any matter com4 plained of in said suit or proceeding in equity, shall be sus5 pended during the pendency of such suit or proceeding in 6 equity.
7 SEO. 7. That nothing contained in the antitrust laws 8 shall be construed to forbid the existence and operation of 9 fraternal, labor, consumers, agricultural, or horticultural 10 organizations, orders, or associations instituted for the pur11 poses of mutual help, and not having capital stock or con12 ducted for profit, or to forbid or restrain individual members 13 of such organizations, orders, or associations from carrying 14 out the legitimate objects thereof; nor shall such organiza15 tions, orders, or associations, or the members thereof, be 16 held or construed to be illegal combinations or conspiracies in 17 restraint of trade, under the antitrust laws.
Nothing contained in the antitrust laws shall be con19 strued to forbid associations of traffic, operating, accounting,
or other officers of common carriers for the purpose of con21 ferring among themselves or of making any lawful agreement as to any matter which is subject to the regulating or 23 supervisory jurisdiction of the Interstate Commerce Com24 mission, but all such matters shall continue to be subject to 25 such jurisdiction of the commission, and all such agreements
shall be entered and kept of record by the carriers, parties 2 thereto, and shall at all times be open to inspection by the 3 commission, but no such agreement shall go into effect or
become operative until the same shall have first been sub5 mitted to, and approved by, the Interstate Commerce Com6 mission: Provided, That nothing in this Act shall be 7 construed as modifying existing laws prohibiting the pooling 8 of earnings or traffic, or existing laws against joint agree9 ments by common carriers to maintain rates.
SEC. 8. That no corporation engaged in commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital of another corporation en13 gaged also in commerce, where the effect of such acquisition 14 is to eliminate or substantially lessen competition between 15 the corporation whose stock is so acquired and the corporation making the acquisition, or to create a monopoly of any 17 line of trade in any section or community.
No corporation shall acquire, directly or indirectly, the 19 whole or any part of the stock or other share capital of two or more corporations engaged in commerce where the effect 21 of such acquisition, or the use of such stock by the voting 22 or granting of proxies or other wise, is to eliminate or sub23 stantially lessen competition between such corporations, or 24 any of them, whose stock or other share capital is so acquired,
1 or to create a monopoly of any line of trade in any section or community.
This section shall not apply to corporations purchasing 4 such stock solely for investment and not using the same by 5 voting or otherwise to bring about, or in attempting to bring 6 about, the substantial lessening of competition. Nor shall
7 anything contained in this section prevent a corporation 8 engaged in commerce from causing the formation of sub9 sidiary corporations for the actual carrying on of their im10 mediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding 12 all or a part of the stock of such subsidiary corporations, 13 when the effect of such formation is not to eliminate or 14 substantially lessen competition.
Nothing contained in this section shall be held to affect or impair any right heretofore legally acquired: Provided, That nothing in this paragraph shall make stockholding 18 relations between corporations legal when such relations 19 constitute violations of the antitrust laws.
Nor shall anything herein contained be construed to 21 prohibit any railroad corporation from aiding in the con22 struction of branch or short line railroads so located as to 23 become feeders to the main line of the company so aiding in 24 such construction or from acquiring or owning all or any part 25 of the stock of such branch line, nor to prevent any railroad
1 corporation from acquiring and owning all or any part of the 2 stock of a branch or short line railroad constructed by an 3 independent company where there is no substantial com4 petition between the company owning the branch line so 5 constructed and the company owning the main line acquiring 6 the property or an interest therein, nor to prevent any rail7 road company from extending any of its lines through the 8 medium of the acquisition of stock or otherwise of any other 9 railroad company where there is no substantial competition 10 between the company extending its lines and the company 11 whose stock, property, or an interest therein is so acquired. A violation of any of the provisions of this section shall 13 be deemed a misdemeanor, and shall be punishable by a fine 14 not exceeding $5,000, or by imprisonment not exceeding one year, or by both, in the discretion of the court.
SEC. 9. That from and after two years from the date of 17 the approval of this Act no person who is engaged as an 18 individual, or who is a member of a partnership, or is a
19 director or other officer of a corporation that is engaged in 20 the business, in whole or in part, of producing or selling 21 equipment, materials, or supplies to, or in the construction or 22 maintenance of, railroads or other common carriers engaged 23 in commerce, shall act as a director or other officer or 24 employee of any other corporation or common carrier en
1 gaged in commerce to which he, or such partnership or cor2 poration, sells or leases, directly or indirectly, equipment, 3 materials, or supplies, or for which he or such partnership or 4 corporation, directly or indirectly, engages in the work of 5 construction or maintenance; and after the expiration of said 6 period no person who is engaged as an individual or who is a member of a partnership or is a director or other officer of a corporation which is engaged in the conduct of a bank or trust company shall act as a director or other officer or em10 ployee of any such common carrier for which he or such 11 partnership or bank or trust company acts, either separately or in connection with others, as agent for or underwriter of 13 the sale or disposal by such common carrier of issues or parts 14 of issues of its securities, or from which he or such partner15 ship or bank or trust company purchases, either separately or in connection with others, issues or parts of issues of securities of such common carrier.
18 That from and after two years from the date of the 19 approval of this Act no person shall at the same time be a 20 director or other officer or employee of more than one bank, 21 banking association, or trust company organized or operat22 ing under the laws of the United States either of which has 23 deposits, capital, surplus, and undivided profits aggregating 24 more than $2,500,000; and no private banker or person 25 who is a director in any bank or trust company, organized
1 and operating under the laws of a State, having deposits, 2 capital, surplus, and undivided profits aggregating more than 3 $2,500,000, shall be eligible to be a director in any bank or 4 banking association organized or operating under the laws 5 of the United States. The eligibility of a director, officer,