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15 U.S.C. § 34 — Definitions applicable to sections 34 to 36

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

15 U.S.C. § 34 — Definitions applicable to sections 34 to 36

For purposes of sections 34 to 36 of this title— (1) the term “local government” means— (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act [[15 U.S.C. 12(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12/a&num=0&edition=prelim)], but does not include any local government as defined in paragraph (1) of this section, and (3) the term “State” has the meaning given it in section 4G(2) of the Clayton Act ([15 U.S.C. 15g(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15g/2&num=0&edition=prelim)).

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Stable record: federal_law:legal_authorities:record_usc_52a317bf39d214db9e330d60
Source file: Laws/federal/codes/united-states-code/title-15/section-34-definitions-applicable-to-sections-34-to-36--fe0b3cc9da.md
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Source location: Title 15, Chapter 1, § 34; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md

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For purposes of sections 34 to 36 of this title— (1) the term “local government” means— (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act [[15 U.S.C. 12(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12/a&num=0&edition=prelim)], but does not include any local government as defined in paragraph (1) of this section, and (3) the term “State” has the meaning given it in section 4G(2) of the Clayton Act ([15 U.S.C. 15g(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15g/2&num=0&edition=prelim)).

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

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

15 U.S.C. § 35 — Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity

**(a) Prohibition in general** No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act ([15 U.S.C. 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim), 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity. **(b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition** Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply.

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

15 U.S.C. § 36 — Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity

**(a) Prohibition in general** No damages, interest on damages, costs or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act ([15 U.S.C. 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim), 15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity. **(b) Nonapplication of prohibition for cases commenced before effective date of provisions** Subsection (a) shall not apply with respect to cases commenced before the effective date of this Act.

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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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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,

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 12

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

15 U.S.C. § 15g — Definitions

For the purposes of sections 15c, 15d, 15e, and 15f of this title: (1) The term “State attorney general” means the chief legal officer of a State, or any other person authorized by State law to bring actions under [section 15c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), and includes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on— (A) a contingency fee based on a percentage of the monetary relief awarded under this section; or (B) any other contingency fee basis, unless the amount of the award of a reasonable attorney’s fee to a prevailing plaintiff is determined by the court under [section 15c(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c/d/1&num=0&edition=prelim). (2) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (3) The term “natural persons” does not include proprietorships or partnerships.

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

15 U.S.C. § 15g — Definitions

Page 25 TITLE 15—COMMERCE AND TRADE § 16 § 15e. Distribution of damages Monetary relief recovered in an action under section 15c(a)(1) of this title shall— (1) be distributed in such manner as the dis- trict court in its discretion may authorize; or (2) be deemed a civil penalty by the court and deposited with the State as general reve- nues; subject in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief. (Oct. 15, 1914, ch. 323, § 4E, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1395.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Injuries sustained prior to Sept. 30, 1976, not covered by this section, see section 304 of Pub. L. 94–435, set out as a note under section 15c of this title. § 15f. Actions by Attorney General (a) Notification to State attorney general Whenever the Attorney General of the United States has brought an action under the anti- trust laws, and he has reason to believe that any State attorney general would be entitled to bring an action under this Act based substan- tially on the same alleged violation of the anti- trust laws, he shall promptly give written noti- fication thereof to such State attorney general. (b) Availability of files and other materials To assist a State attorney general in evalu- ating the notice or in bringing any action under this Act, the Attorney General of the United States shall, upon request by such State attor- ney general, make available to him, to the ex- tent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of ac- tion under this Act. (Oct. 15, 1914, c

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 15g

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

15 U.S.C. § 34 — Definitions applicable to sections 34 to 36

Page 43 TITLE 15—COMMERCE AND TRADE § 34 AMENDMENTS 1974—Pub. L. 93–528 substituted provisions for appeals to the court of appeals from civil actions in district courts where equitable relief is sought, review by the Supreme Court of judgments of courts of appeals, and for direct appeals to the Supreme Court of cases involv- ing general public importance, for provisions that ap- peals from final judgments of district courts lie to the Supreme Court only. 1948—Act June 25, 1948, amended section generally to strike out provisions relating to time for appeal, proce- dure, etc. See sections 2101 and 2109 of Title 28, Judici- ary and Judicial Procedure. 1944—Act June 9, 1944, provided for certification of case to circuit court of appeals when there was no quorum of Justices of the Supreme Court qualified to participate in the consideration of the case and for des- ignation of circuit judges in the event of disqualifica- tion from hearing the case. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act Mar. 3, 1911, which transferred the powers and du- ties of the circuit courts to the district courts, sub- stituted ‘‘district court’’ for ‘‘circuit court’’. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–528, § 7, Dec. 21, 1974, 88 Stat. 1710, provided that: ‘‘The amendment made by section 5 of this Act [amending this section] shall not apply to an action in which a notice of appeal to the Supreme Court has been filed on or before the fifteenth day following the date of enactment of this Act [Dec. 21, 1974]. Appeal in any such action shall be taken pursuant to the provisions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; [former] 49 U.S.C. 45) which were in effect on the day preceding the date of enact- ment of

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