15 U.S.C. § 6a — Conduct involving trade or commerce with

Page 15 TITLE 15—COMMERCE AND TRADE § 7a Editorial Notes CODIFICATION Act Mar. 3, 1911, vested jurisdiction in ‘‘district’’ courts, instead of ‘‘circuit’’ courts. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys of the United States’’. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. § 5. Bringing in additional parties Whenever it shall appear to the court before which any proceeding under section 4 of this title may be pending, that the ends of justice re- quire that other parties should be brought be- fore the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. (July 2, 1890, ch. 647, § 5, 26 Stat. 210.) § 6. Forfeiture of property in transit Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in sec- tion 1 of this title, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and con- demned by like proceedings as those provided by law for the forfeiture, seizure, and condemna- tion of property imported into the United States contrary to law. (July 2, 1890, ch. 647, § 6, 26 Stat. 210.) § 6a. Conduct involving trade or commerce with foreign nations Sections 1 to 7 of this title shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless— (1) such conduct has a direct, substantial, and reasonably foreseeable effect— (A) on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or (B) on export trade or export commerce with foreign nations, of a person engaged in such trade or commerce in the United States; and (2) such effect gives rise to a claim under the provisions of sections 1 to 7 of this title, other than this section. If sections 1 to 7 of this title apply to such con- duct only because of the operation of paragraph (1)(B), then sections 1 to 7 of this title shall apply to such conduct only for injury to export business in the United States. (July 2, 1890, ch. 647, § 7, as added Pub. L. 97–290, title IV, § 402, Oct. 8, 1982, 96 Stat. 1246.) Editorial Notes PRIOR PROVISIONS A prior section 7 of act July 2, 1890, ch. 647, 26 Stat. 210, related to suits by persons injured by acts in viola- tion of sections 1 to 7 of this title and was classified as a note under section 15 of this title, prior to repeal by act July 7, 1955, ch. 283, § 3, 69 Stat. 283, effective six months after July 7, 1955. § 7. ‘‘Person’’ or ‘‘persons’’ defined The word ‘‘person’’, or ‘‘persons’’, wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of ei- ther the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (July 2, 1890, ch. 647, § 8, 26 Stat. 210.) § 7a. Definitions In sections 7a to 7a–3 of this title: (1) Antitrust Division The term ‘‘Antitrust Division’’ means the United States Department of Justice Anti- trust Division. (2) Antitrust leniency agreement The term ‘‘antitrust leniency agreement,’’ or ‘‘agreement,’’ means a leniency letter agreement, whether conditional or final, be- tween a person and the Antitrust Division pur- suant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of exe- cution of the agreement. (3) Antitrust leniency applicant The term ‘‘antitrust leniency applicant,’’ or ‘‘applicant,’’ means, with respect to an anti- trust leniency agreement, the person that has entered into the agreement. (4) Claimant The term ‘‘claimant’’ means a person or class, that has brought, or on whose behalf has been brought, a civil action alleging a viola- tion of section 1 or 3 of this title or any simi- lar State law, except that the term does not include a State or a subdivision of a State with respect to a civil action brought to re- cover damages sustained by the State or sub- division. (5) Cooperating individual The term ‘‘cooperating individual’’ means, with respect to an antitrust leniency agree- ment, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement. (6) Person The term ‘‘person’’ has the meaning given it in subsection (a) of section 12 of this title. (Pub. L. 108–237, title II, § 212, June 22, 2004, 118 Stat. 666; Pub. L. 111–190, § 2, June 9, 2010, 124 Stat. 1275; Pub. L. 116–159, div. D, title III, § 4303(b)(2), Oct. 1, 2020, 134 Stat. 742.) Editorial Notes REFERENCES IN TEXT Sections 7a to 7a–3 of this title, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle A