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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
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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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
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
**(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
**(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
**(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
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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15g
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Federal law — U.S. Code and appendices · legal_authorities
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
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
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 34
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