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US Sherman Antitrust Act (15 USC ch 1): Restraint of Trade, Monopolization and Criminal Penalties

The Sherman Antitrust Act of 1890 (15 U.S.C. ch. 1, sections 1 to 7) is the foundational US antitrust statute, enforced by the Department of Justice…

What US Sherman Antitrust Act (15 USC ch 1): Restraint of Trade, Monopolization and Criminal Penalties requires

The Sherman Antitrust Act of 1890 (15 U.S.C. ch. 1, sections 1 to 7) is the foundational US antitrust statute, enforced by the Department of Justice Antitrust Division and, civilly, through private and government suits. Section 1 declares illegal every contract, combination or conspiracy in restraint of trade, and makes a violation a felony punishable by a fine of up to 100,000,000 dollars for a corporation or 1,000,000 dollars for an individual, or imprisonment for up to 10 years. Section 2 makes it a felony to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce, subject to the same penalties. Section 3 extends these prohibitions to restraints of trade in the Territories and the District of Columbia. Section 4 gives the district courts jurisdiction to prevent and restrain violations and directs the United States attorneys to institute proceedings, and section 5 allows additional parties to be brought in. Section 6 provides for the forfeiture of property owned under an unlawful combination and in the course of interstate transport. Section 7 defines person to include corporations and associations. The private treble-damages remedy for antitrust injury, including injury from Sherman Act violations, is provided by section 15 (the Clayton Act). The Act is the legal foundation of US competition enforcement against cartels, bid rigging, and monopolization.

Pillar: Competition & Antitrust · Authority: US Congress / Department of Justice Antitrust Division · 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: f44f642c27a060ca23d257100c433dc41fd45fe43fcd8fccdeae306b744f2d03

Primary Citations — 8 traced to source

  • Sherman Antitrust Act, 15 U.S.C. 1 - contracts in restraint of trade illegal; felony (up to 100,000,000 dollars corporate, 1,000,000 dollars individual, 10 years).
  • Sherman Antitrust Act, 15 U.S.C. 2 - monopolizing trade a felony; same penalties.

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