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40 U.S.C. § 559 — Advice of Attorney General with respect to antitrust law

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 559 — Advice of Attorney General with respect to antitrust law

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Source file: Laws/federal/codes/united-states-code/title-40/section-559-advice-of-attorney-general-with-respect-to-antitrust-law--846beea205.md
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Source location: Title 40, Chapter 5, § 559; chapter-005-property-management.md

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**(a) Definition.—** In this section, the term “antitrust law” includes— (1) the Sherman Act ([15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) et seq.); (2) the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) et seq., [29 U.S.C. 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section52&num=0&edition=prelim), 53); (3) the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.); and (4) sections 73 and 74 of the Wilson Tariff Act ([15 U.S.C. 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8&num=0&edition=prelim), 9). **(b) Advice Required.—** (1) **In general.—** — An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law. (2) **Exception.—** — This section does not apply to disposal of— (A) real property, if the estimated fair market value is less than $3,000,000; or (B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000. **(c) Notice to Attorney General.—** (1) **In general.—** — An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General. (2) **Copy.—** — Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to the Administrator of General Services. **(d) Advice From Attorney General.—** Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attorney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law. **(e) Request for Information.—** On request from the Attorney General, the head of an executive agency shall furnish information the agency possesses that the Attorney General determines is appropriate or necessary to— (1) give advice required by this section; or (2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law. **(f) No Effect on Antitrust Law.—** This subtitle does not impair, amend, or modify antitrust law or limit or prevent application of antitrust law to a person acquiring property under this subtitle.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing 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. **(b)** This Act may be cited as the “Clayton Act”.

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15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

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15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; penalty

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 declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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29 U.S.C. § 52 — Statutory restriction of injunctive relief

No restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.

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15 U.S.C. § 8 — Trusts in restraint of import trade illegal; penalty

Every combination, conspiracy, trust, agreement, or contract is 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, as agent or principal, 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 in 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 shall be engaged in the importation of goods or any commodity from any foreign country in violation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.

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15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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40 U.S.C. § 17702 — Transfer of Government-owned long-lines communication facilities in and to Alaska

**(a) In General.—** (1) **Authority of the secretary of defense.—** (A) *Requirements prior to transfer.—* — Subject to [section 17703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section17703&num=0&edition=prelim) and with the advice, assistance, and, in the case of an agency not under the jurisdiction of the Secretary of Defense, the consent of the agency concerned, and after approval of the President, the Secretary of Defense shall transfer for adequate consideration any or all long-lines communication facilities in or to Alaska under the jurisdiction of the Federal Government to any person qualifying under section 17703. (B) *Authority to carry out chapter.—* — The Secretary of Defense may take action and exercise powers as may be necessary or appropriate to carry out the purposes of this chapter. (2) **Consent of secretary concerned.—** — An interest in public lands, withdrawn or otherwise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with respect to lands in a national forest, of the Secretary of Agriculture. (3) **Procedures and methods.—** — The Secretary of Defense shall carry out a transfer under this chapter in accordance with the procedures and methods required of the Administrator of General Services by section 545(a) and (b) of this title. **(b) Documents of Title or Other Property Interests.—** The head of the agency concerned (or a designee of the head) shall execute documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or ot

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15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; pen-

Page 3 TITLE 15—COMMERCE AND TRADE § 1 Sec. 4. Jurisdiction of courts; duty of United States attorneys; procedure. 5. Bringing in additional parties. 6. Forfeiture of property in transit. 6a. Conduct involving trade or commerce with foreign nations. 7. ‘‘Person’’ or ‘‘persons’’ defined. 7a. Definitions. 7a–1. Limitation on recovery. 7a–2. Rights, authorities, and liabilities not af- fected. 7a–3. Anti-retaliation protection for whistle- blowers. 8. Trusts in restraint of import trade illegal; penalty. 9. Jurisdiction of courts; duty of United States attorneys; procedure. 10. Bringing in additional parties. 11. Forfeiture of property in transit. 12. Definitions; short title. 13. Discrimination in price, services, or facilities. 13a. Discrimination in rebates, discounts, or ad- vertising service charges; underselling in particular localities; penalties. 13b. Cooperative association; return of net earn- ings or surplus. 13c. Exemption of non-profit institutions from price discrimination provisions. 14. Sale, etc., on agreement not to use goods of competitor. 15. Suits by persons injured. 15a. Suits by United States; amount of recovery; prejudgment interest. 15b. Limitation of actions. 15c. Actions by State attorneys general. 15d. Measurement of damages. 15e. Distribution of damages. 15f. Actions by Attorney General. 15g. Definitions. 15h. Applicability of parens patriae actions. 16. Judgments. 17. Antitrust laws not applicable to labor organi- zations. 18. Acquisition by one corporation of stock of an- other. 18a. Premerger notification and waiting period. 18b. Mergers involving foreign government sub- sidies. 19. Interlocking directorates and officers. 19a, 20. Repealed. 21. Enforcement pro

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

Page 19 TITLE 15—COMMERCE AND TRADE § 12 (Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.) § 8. Trusts in restraint of import trade illegal; penalty Every combination, conspiracy, trust, agree- ment, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or cor- porations, either of whom, as agent or principal, 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 in 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 shall be engaged in the importation of goods or any commodity from any foreign country in vio- lation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months. (Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12, 1913, ch. 40, 37 Stat. 667.) Editorial Notes AMENDMENTS 1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin- cipal’’. Statutory Notes and Related Subsidiaries SHORT TITLE Section 77, formerly § 78, of act Aug. 27, 1894, as added by Pub. L. 94–435, title III,

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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