THE SHERMAN ANTI-TRUST LAW

[Act of July 2, 1890 (26 Stat. 209)].

AN ACT TO PROTECT TRADE AND COMMERCE AGAINST UNLAWFUL RESTRAINTS AND MONOPOLIES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

SECTION 1. 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 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.

§ 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.

§ 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.

§ 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 enjoined or otherwise prohibited. 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 determination 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.

§ 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.

§ 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 condemned by like proceedings as those provided by law for the forfeiture, seizure, and con

demnation of property imported into the United States contrary to law.

§ 7. Any person who shall be injured in 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 resides 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.

§ 8. That the word "person," or "persons," whereever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, or the laws of any of the Territories, the laws of any State, or the laws of any foreign country.

[The following are expressly or in effect amendments of "the Sherman Anti-trust Law" by addition, though the terms of the original act never have been changed.-Ed.]

1894, Aug. 27. In the tariff act (Wilson Act), sections 73-77 (which were expressly preserved in the Dingley Act of 1897 when most of the Wilson Act was repealed) directed prohibitions and penalties very similar to those of the Sherman Act against cases in restraint of trade in connection with the importation of goods.

1903, Feb. 11. "An act to expedite the hearing and determination of suits" under the Anti-trust act, and the Interstate Commerce Act, by giving precedence to such cases.

1903, Feb. 25. An appropriation of $500,000 made to be expended under the direction of the Attorney-General in the employment of special counsel to prosecute suits under the acts of 1890 and 1894 above mentioned; proviso that immunity is granted to persons for any matter concerning which he shall testify in such suits.

1903, Feb. 14. In an act to establish the Department of Commerce and Labor was provided a Bureau of Corporations to gather, compile, publish and supply useful information concerning corporations engaged in interstate commerce, and with powers of investigation similar to those of the Interstate Commerce Commission.

1906, June 30. An act defining the immunity of witnesses under the several acts before mentioned; immunity shall extend only to a natural person testifying under oath.

OCT 1 2 1916