What US Clayton Act (15 USC ch 1): Price Discrimination, Tying, Mergers and Treble Damages requires
The Clayton Act of 1914 (15 U.S.C. ch. 1, sections 12 onward) supplements the Sherman Act by prohibiting specific practices whose effect may be substantially to lessen competition or tend to create a monopoly, enforced by the Department of Justice Antitrust Division and the Federal Trade Commission. Section 12 supplies definitions and venue rules for antitrust suits. Section 13 (incorporating the Robinson-Patman amendments) prohibits price discrimination between purchasers of commodities of like grade and quality where the effect may be to lessen competition. Section 14 prohibits sales or leases on the condition that the buyer not deal in the goods of a competitor (tying and exclusive dealing) where the effect may be to lessen competition. Section 15 confers a private right of action and allows a successful private plaintiff to recover threefold the damages sustained plus costs and attorney fees. Section 18 prohibits an acquisition of stock or assets where the effect may be substantially to lessen competition or tend to create a monopoly, and is the substantive basis of US merger control (administered with the Hart-Scott-Rodino premerger notification regime). Section 19 prohibits interlocking directorates among competing corporations above statutory thresholds. The Act is the legal foundation of US merger review, price-discrimination law, and private antitrust enforcement.
Pillar: Competition & Antitrust · Authority: US Congress / Department of Justice Antitrust Division and Federal Trade Commission · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title15/html/USCODE-2022-title15-chap1.htm
SHA-256 integrity: 17f1e3b490bfa601d77849de4825426235471860fccaf10a9891018371fdc793
Primary Citations — 8 traced to source
- Clayton Act, 15 U.S.C. 12 - definitions; venue for antitrust suits.
- Clayton Act, 15 U.S.C. 13 - price discrimination (Robinson-Patman).
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