15 U.S.C. § 2 — Monopolizing trade a felony; penalty

Page 13 TITLE 15—COMMERCE AND TRADE § 2 delay generic drug and biosimilar competition beyond that reasonably contemplated by applicable law, not later than 45 days after the date of this order, through the Commissioner of Food and Drugs, write a letter to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office enumerating and describing any rel- evant concerns of the FDA; (vii) to support the market entry of lower-cost ge- neric drugs and biosimilars, continue the implementa- tion of the law widely known as the CREATES Act of 2019 (Public Law 116–94, 133 Stat. 3130), by: (A) promptly issuing Covered Product Authoriza- tions (CPAs) to assist product developers with obtain- ing brand-drug samples; and (B) issuing guidance to provide additional informa- tion for industry about CPAs; and (viii) through the Administrator of the Centers for Medicare and Medicaid Services, prepare for Medicare and Medicaid coverage of interchangeable biological products, and for payment models to support increased utilization of generic drugs and biosimilars. (q) To reduce the cost of covered products to the American consumer without imposing additional risk to public health and safety, the Commissioner of Food and Drugs shall work with States and Indian Tribes that propose to develop section 804 Importation Pro- grams in accordance with the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173, 117 Stat. 2066), and the FDA’s im- plementing regulations. (r) The Secretary of Commerce shall: (i) acting through the Director of the National Insti- tute of Standards and Technology (NIST), consider ini- tiating a rulemaking to require agencies to report to NIST, on an annual basis, their contractors’ utilization activities, as reported to the agencies under 35 U.S.C. 202(c)(5); (ii) acting through the Director of NIST, consistent with the policies set forth in section 1 of this order, consider not finalizing any provisions on march-in rights and product pricing in the proposed rule ‘‘Rights to Federally Funded Inventions and Licensing of Gov- ernment Owned Inventions,’’ 86 Fed. Reg. 35 (Jan. 4, 2021); and (iii) not later than 1 year after the date of this order, in consultation with the Attorney General and the Chair of the Federal Trade Commission, conduct a study, including by conducting an open and trans- parent stakeholder consultation process, of the mobile application ecosystem, and submit a report to the Chair of the White House Competition Council, regard- ing findings and recommendations for improving com- petition, reducing barriers to entry, and maximizing user benefit with respect to the ecosystem. (s) The Secretary of Defense shall: (i) ensure that the Department of Defense’s assess- ment of the economic forces and structures shaping the capacity of the national security innovation base pur- suant to section 889(a) and (b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283, 134 Stat. 3388) is consistent with the policy set forth in section 1 of this order; (ii) not later than 180 days after the date of this order, submit to the Chair of the White House Competi- tion Council, a review of the state of competition with- in the defense industrial base, including areas where a lack of competition may be of concern and any rec- ommendations for improving the solicitation process, consistent with the goal of the Competition in Con- tracting Act of 1984 (Public Law 98–369, 98 Stat. 1175); and (iii) not later than 180 days after the date of this order, submit a report to the Chair of the White House Competition Council, on a plan for avoiding contract terms in procurement agreements that make it chal- lenging or impossible for the Department of Defense or service members to repair their own equipment, par- ticularly in the field. (t) The Director of the Consumer Financial Protec- tion Bureau, consistent with the pro-competition ob- jectives stated in section 1021 of the Dodd-Frank Act [12 U.S.C. 5511], is encouraged to consider: (i) commencing or continuing a rulemaking under section 1033 of the Dodd-Frank Act [12 U.S.C. 5533] to facilitate the portability of consumer financial trans- action data so consumers can more easily switch finan- cial institutions and use new, innovative financial products; and (ii) enforcing the prohibition on unfair, deceptive, or abusive acts or practices in consumer financial prod- ucts or services pursuant to section 1031 of the Dodd- Frank Act [12 U.S.C. 5531] so as to ensure that actors engaged in unlawful activities do not distort the proper functioning of the competitive process or obtain an un- fair advantage over competitors who follow the law. (u) The Director of the Office of Management and Budget, through the Administrator of the Office of In- formation and Regulatory Affairs, shall incorporate into its recommendations for modernizing and improv- ing regulatory review required by my Memorandum of January 20, 2021 (Modernizing Regulatory Review) [86 F.R. 7223], the policies set forth in section 1 of this order, including consideration of whether the effects on competition and the potential for creation of barriers to entry should be included in regulatory impact anal- yses. (v) The Secretary of the Treasury shall: (i) direct the Office of Economic Policy, in consulta- tion with the Attorney General, the Secretary of Labor, and the Chair of the FTC, to submit a report to the Chair of the White House Competition Council, not later than 180 days after the date of this order, on the effects of lack of competition on labor markets; and (ii) submit a report to the Chair of the White House Competition Council, not later than 270 days after the date of this order, assessing the effects on competition of large technology firms’ and other non-bank compa- nies’ entry into consumer finance markets. SEC. 6. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Where not already specified, independent agencies are encouraged to comply with the requirements of this order. (c) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 2. Monopolizing trade a felony; penalty Every person who shall monopolize, or at- tempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, 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 per- son, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the dis- cretion of the court. (July 2, 1890, ch. 647, § 2, 26 Stat. 209; July 7, 1955, ch. 281, 69 Stat. 282; Pub. L. 93–528, § 3, Dec. 21, 1974, 88 Stat. 1708; Pub. L. 101–588, § 4(b), Nov. 16, 1990, 104 Stat. 2880; Pub. L. 108–237, title II, § 215(b), June 22, 2004, 118 Stat. 668.) Page 14 TITLE 15—COMMERCE AND TRADE § 3 Editorial Notes AMENDMENTS 2004—Pub. L. 108–237 substituted ‘‘$100,000,000’’ for ‘‘$10,000,000’’, ‘‘$1,000,000’’ for ‘‘$350,000’’, and ‘‘10’’ for ‘‘three’’. 1990—Pub. L. 101–588 substituted ‘‘$10,000,000’’ for ‘‘one million dollars’’ and ‘‘$350,000’’ for ‘‘one hundred thou- sand dollars’’. 1974—Pub. L. 93–528 substituted ‘‘a felony, and, on conviction thereof, shall be punished by fine not ex- ceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by im- prisonment not exceeding three years’’ for ‘‘a mis- demeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by im- prisonment not exceeding one year’’. 1955—Act July 7, 1955, substituted ‘‘fifty thousand dollars’’ for ‘‘five thousand dollars’’. § 3. Trusts in Territories or District of Columbia illegal; combination a felony (a) Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign na- tions, or between the District of Columbia and any State or States or foreign nations, is de- clared illegal. Every person who shall make any such contract or engage in any such combina- tion or conspiracy, shall be deemed guilty of a felony, and, on conviction thereof, shall be pun- ished by fine not exceeding $100,000,000 if a cor- poration, 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. (b) Every person who shall monopolize, or at- tempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce in any Terri- tory of the United States or of the District of Columbia, or between any such Territory and another, or between any such Territory or Terri- tories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia, and any State or States or foreign nations, 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. (July 2, 1890, ch. 647, § 3, 26 Stat. 209; July 7, 1955, ch. 281, 69 Stat. 282; Pub. L. 93–528, § 3, Dec. 21, 1974, 88 Stat. 1708; Pub. L. 101–588, § 4(c), Nov. 16, 1990, 104 Stat. 2880; Pub. L. 107–273, div. C, title IV, § 14102(b), Nov. 2, 2002, 116 Stat. 1921; Pub. L. 108–237, title II, § 215(c), June 22, 2004, 118 Stat. 668.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–237, which directed the substitution of ‘‘$100,000,000’’ for ‘‘$10,000,000’’, ‘‘$1,000,000’’ for ‘‘$350,000’’, and ‘‘10’’ for ‘‘three’’, was executed by mak- ing each substitution in both subsecs. (a) and (b) to re- flect the probable intent of Congress. 2002—Pub. L. 107–273 designated existing provisions as subsec. (a) and added subsec. (b). 1990—Pub. L. 101–588 substituted ‘‘$10,000,000’’ for ‘‘one million dollars’’ and ‘‘$350,000’’ for ‘‘one hundred thou- sand dollars’’. 1974—Pub. L. 93–528 substituted ‘‘a felony, and, on conviction thereof, shall be punished by fine not ex- ceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by im- prisonment not exceeding three years’’ for ‘‘a mis- demeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by im- prisonment not exceeding one year’’. 1955—Act July 7, 1955, substituted ‘‘fifty thousand dollars’’ for ‘‘five thousand’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. C, title IV, § 14103, Nov. 2, 2002, 116 Stat. 1922, provided that: ‘‘(a) EFFECTIVE DATE.—Except as provided in sub- section (b), this subtitle [probably means this title, amending this section and sections 12, 27, and 44 of this title, section 225 of Title 7, Agriculture, section 1413 of Title 30, Mineral Lands and Mining, and section 2135 of Title 42, The Public Health and Welfare, repealing sec- tions 30 and 31 of this title, enacting provisions set out as a note under section 1 of this title, amending provi- sions set out as notes under sections 1 and 8 of this title, and repealing provisions set out as notes under section 15 of this title and section 41309 of Title 49, Transportation] and the amendments made by this sub- title shall take effect on the date of enactment of this Act [Nov. 2, 2002]. ‘‘(b) APPLICATION TO CASES.—(1) Section 14102(f) [re- pealing section 30 of this title] shall apply to cases pending on or after the date of the enactment of this Act. ‘‘(2) The amendments made by subsections (a), (b), and (c) of section 14102 [amending this section and sec- tions 12 and 44 of this title, section 225 of Title 7, Agri- culture, section 1413 of Title 30, Mineral Lands and Mining, and section 2135 of Title 42, The Public Health and Welfare, repealing section 31 of this title, amending provisions set out as a note under section 8 of this title, and repealing provisions set out as a note under section 15 of this title] shall apply only with respect to cases commenced on or after the date of enactment of this Act.’’ § 4. Jurisdiction of courts; duty of United States attorneys; procedure The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of sections 1 to 7 of this title; and it shall be the duty of the several United States attorneys, in their respective dis- tricts, under the direction of the Attorney Gen- eral, to institute proceedings in equity to pre- vent and restrain such violations. Such pro- ceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the par- ties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. (July 2, 1890, ch. 647, § 4, 26 Stat. 209; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)