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15 U.S.C. § 1013 — Suspension until June 30, 1948, of application of certain Federal laws; Sherman Act applicable to agreements to, or acts of, boycott, coercion, or intimidation
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as 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 the Act of June 19, 1936, known as the Robinson-Patman Anti-Discrimination Act, shall not apply to the business of insurance or to acts in the conduct thereof.
**(b)** Nothing contained in this chapter shall render the said Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation.
**(c)**
(1) Nothing contained in this chapter shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance and limited-scope dental benefits).
(2) Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy—
(A) to collect, compile, or disseminate historical loss data;
(B) to determine a loss development factor applicable to historical loss data;
(C) to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade; or
(D) to develop or disseminate a standard insurance policy form (including a standard addendum to an insurance policy form and standard terminology in an insurance policy form) if such contract, combination, or conspiracy is not to adhere to such standard form or require adherence to such standard form.
(3) For purposes of this subsection—
(A) the term “antitrust laws” has the meaning given it in subsection (a) of [section 12 of th
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Source file: Laws/federal/codes/united-states-code/title-15/section-1013-suspension-until-june-30-1948-of-application-of-certain-federal-laws-she--afad0bac42.md
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Source location: Title 15, Chapter 20, § 1013; chapter-020-regulation-of-insurance.md
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**(a)** Until June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as 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 the Act of June 19, 1936, known as the Robinson-Patman Anti-Discrimination Act, shall not apply to the business of insurance or to acts in the conduct thereof.
**(b)** Nothing contained in this chapter shall render the said Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation.
**(c)**
(1) Nothing contained in this chapter shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance and limited-scope dental benefits).
(2) Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy—
(A) to collect, compile, or disseminate historical loss data;
(B) to determine a loss development factor applicable to historical loss data;
(C) to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade; or
(D) to develop or disseminate a standard insurance policy form (including a standard addendum to an insurance policy form and standard terminology in an insurance policy form) if such contract, combination, or conspiracy is not to adhere to such standard form or require adherence to such standard form.
(3) For purposes of this subsection—
(A) the term “antitrust laws” has the meaning given it in subsection (a) of [section 12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim), except that such term includes [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) to the extent that such section 45 applies to unfair methods of competition;
(B) the term “business of health insurance (including the business of dental insurance and limited-scope dental benefits)” does not include—
(i) the business of life insurance (including annuities); or
(ii) the business of property or casualty insurance, including but not limited to—
(I) any insurance or benefits defined as “excepted benefits” under paragraph (1), subparagraph (B) or (C) of paragraph (2), or paragraph (3) of [section 9832(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9832/c&num=0&edition=prelim) whether offered separately or in combination with insurance or benefits described in paragraph (2)(A) of such section; and
(II) any other line of insurance that is classified as property or casualty insurance under State law;
(C) the term “historical loss data” means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; and
(D) the term “loss development factor” means an adjustment to be made to reserves held for losses incurred for claims reported by any person engaged in the business of insurance, for the purpose of bringing such reserves to an ultimate paid basis.
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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
This subchapter may be cited as the “Federal Trade Commission Act”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade**
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 45
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Price; selection of customers** It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing her
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Federal law — U.S. Code and appendices · legal_authorities
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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Federal law — U.S. Code and appendices · legal_authorities
The words defined in this section shall have the following meaning when found in this subchapter, to wit:
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Federal law — U.S. Code and appendices · legal_authorities
Congress hereby declares that the continued regulation and taxation by the several States of the business of insurance is in the public interest, and that silence on the part of the Congress shall not be construed to impose any barrier to the regulation or taxation of such business by the several States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1011
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Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 15—COMMERCE AND TRADE
§ 1013
§ 1013. Suspension until June 30, 1948, of applica-
tion of certain Federal laws; Sherman Act ap-
plicable to agreements to, or acts of, boycott,
coercion, or intimidation
(a) Until June 30, 1948, the Act of July 2, 1890,
as amended, known as the Sherman Act, and the
Act of October 15, 1914, as amended, known as
the Clayton Act, and the Act of September 26,
1914, known as the Federal Trade Commission
Act [15 U.S.C. 41 et seq.], and the Act of June 19,
1936, known as the Robinson-Patman Anti-Dis-
crimination Act, shall not apply to the business
of insurance or to acts in the conduct thereof.
(b) Nothing contained in this chapter shall
render the said Sherman Act inapplicable to any
agreement to boycott, coerce, or intimidate, or
act of boycott, coercion, or intimidation.
(c)(1) Nothing contained in this chapter shall
modify, impair, or supersede the operation of
any of the antitrust laws with respect to the
business of health insurance (including the busi-
ness of dental insurance and limited-scope den-
tal benefits).
(2) Paragraph (1) shall not apply with respect
to making a contract, or engaging in a combina-
tion or conspiracy—
(A) to collect, compile, or disseminate his-
torical loss data;
(B) to determine a loss development factor
applicable to historical loss data;
(C) to perform actuarial services if such con-
tract, combination, or conspiracy does not in-
volve a restraint of trade; or
(D) to develop or disseminate a standard in-
surance policy form (including a standard ad-
dendum to an insurance policy form and
standard terminology in an insurance policy
form) if such contract, combination, or con-
spiracy is not to adhere to such standard form
or require adherence to such standard form.
(3)
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1013
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 41
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