The Federal Trade Commission Act-Text

Full/Raw Text of 15 USC §1

Cite. 15 USC Sec. 1 01/05/99

Expcite. Title 15 - Commerce and Trade; Chapter 1 - Monopolies and Combinations In Restraint of Trade

Head. Sec. 1. Trusts, etc., in restraint of trade illegal; penalty

Statute. 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 $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

Source. (July 2, 1890, ch. 647, Sec. 1, 26 Stat. 209; Aug. 17, 1937, ch. 690, title VIII, 50 Stat. 693; July 7, 1955, ch. 281, 69 Stat. 282; Pub. L. 93-528, Sec. 3, Dec. 21, 1974, 88 Stat. 1708; Pub. L. 94-145, Sec. 2, Dec. 12, 1975, 89 Stat. 801; Pub. L. 101-588, Sec. 4(a), Nov. 16, 1990, 104 Stat. 2880.)
Miscellaneous
Amendments.

1990 - Pub. L. 101-588 substituted ''$10,000,000'' for ''one million dollars'' and ''$350,000'' for ''one hundred thousand dollars''.

1975 - Pub. L. 94-145 struck out from first sentence two provisos granting anti-trust exemption to State fair trade laws.

1974 - Pub. L. 93-528 substituted ''a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years'' for ''a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year''.

1955 - Act July 7, 1955, substituted ''fifty thousand dollars'' for ''five thousand dollars''.

1937 - Act Aug. 17, 1937, inserted two provisos.

Effective Date of 1975 Amendment. Section 4 of Pub. L. 94-145 provided that: ''The amendments made by sections 2 and 3 of this Act (amending this section and section 45 of this title) shall take effect upon the expiration of the ninety-day period which begins on the date of enactment of this Act (Dec. 12, 1975).''
Short Title of 1998 Amendment. Pub. L. 105-297, Sec. 1, Oct. 27, 1998, 112 Stat. 2824, provided that: ''This Act (enacting section 27a of this title and provisions set out as a note under section 27a of this title) may be cited as the 'Curt Flood Act of 1998'.''
Short Title of 1997 Amendment. Pub. L. 105-43, Sec. 1, Sept. 17, 1997, 111 Stat. 1140, provided that: ''This Act (enacting and amending provisions set out as notes below) may be cited as the 'Need-Based Educational Aid Antitrust Protection Act of 1997'.''

Pub. L. 105-26, Sec. 1, July 3, 1997, 111 Stat. 241, provided that: ''This Act (amending sections 37 and 37a of this title and enacting provisions set out as notes under section 37 of this title) may be cited as the 'Charitable Donation Antitrust Immunity Act of 1997'.''

Short Title of 1995 Amendment. Pub. L. 104-63, Sec. 1, Dec. 8, 1995, 109 Stat. 687, provided that: ''This Act (enacting sections 37 and 37a of this title and provisions set out as a note under section 37 of this title) may be cited as the 'Charitable Gift Annuity Antitrust Relief Act of 1995'.''

Short Title of 1990 Amendment. Section 1 of Pub. L. 101-588 provided: ''That this Act (amending this section and sections 2, 3, 15a, and 19 of this title and repealing section 20 of this title) may be cited as the 'Antitrust Amendments Act of 1990'.''

Short Title of 1984 Amendment. Pub. L. 98-544, Sec. 1, Oct. 24, 1984, 98 Stat. 2750, provided: ''That this Act (enacting sections 34 to 36 of this title and provisions set out as a note under section 34 of this title) may be cited as the 'Local Government Antitrust Act of 1984'.''

Short Title of 1982 Amendment. Pub. L. 97-290, title IV, Sec. 401, Oct. 8, 1982, 96 Stat. 1246, provided that: ''This title (enacting section 6a of this title and amending section 45 of this title) may be cited as the 'Foreign Trade Antitrust Improvements Act of 1982'.''

Short Title of 1980 Amendment. Pub. L. 96-493, Sec. 1, Dec. 2, 1980, 94 Stat. 2568, provided: ''That this Act (enacting section 26a of this title) may be cited as the 'Gasohol Competition Act of 1980'.''

Short Title of 1976 Amendment. Section 1 of Pub. L. 94-435, Sept. 30, 1976, 90 Stat. 1383, provided: ''That this Act (enacting sections 15c to 15h, 18a, and 66 of this title, amending sections 12, 15b, 16, 26, and 1311 to 1314 of this title, section 1505 of Title 18, Crimes and Criminal Procedure, and section 1407 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 8, 15c, 18a, and 1311 of this title) may be cited as the 'Hart-Scott-Rodino Antitrust Improvements Act of 1976'.''

Short Title of 1975 Amendment. Section 1 of Pub. L. 94-145 provided: ''That this Act (amending this section and section 45 of this title and enacting provisions set out as a note under this section) may be cited as the 'Consumer Goods Pricing Act of 1975'.''

Short Title of 1974 Amendment. Section 1 of Pub. L. 93-528 provided: ''That this Act (amending this section and section 2, 3, 16, 28, and 29 of this title, section 401 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and sections 43, 44, and 45 of former Title 49, Transportation, and enacting provisions set out as notes under this section and section 29 of this title) may be cited as the 'Antitrust Procedures and Penalties Act'.''

Short Title. Pub. L. 94-435, title III, Sec. 305(a), Sept. 30, 1976, 90 Stat. 1397, added immediately following the enacting clause of act July 2, 1890, the following: ''That this Act (this section and sections 2 to 7 of this title) may be cited as the 'Sherman Act'.''

Year 2000 Information and Readiness Disclosure.

Application of Antitrust Laws to Award of Need-Based Educational

Cross References.

Antitrust laws inapplicable to labor organizations, see section 17 of this title.

Combinations in restraint of import trade, see section 8 of this title.

Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure.

Discrimination in price, services or facilities, see section 13 of this title.

Fishing industry, restraints of trade in, see section 522 of this title.

Monopolies prohibited, see section 2 of this title.

Trusts in territories or District of Columbia prohibited, see section 3 of this title.

Sherman Act Referred to in Other Sections. The Sherman Act (15 U.S.C. 1 to 7) is referred to in sections 12, 15c, 15d, 29, 30, 31, 44, 62, 1012, 1013, 3301, 3503 of this title; title 7 section 225; title 10 section 7430; title 12 sections 1828, 1849; title 16 section 2602; title 30 sections 184, 1413; title 40 section 488; title 42 sections 2135, 2297b-11, 5417, 5909, 6202, 8235f, 9102; title 43 sections 970, 1331, 1770; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 50 App. sections 1941a, 2158.

Section Referred to in Other Sections. This section is referred to in sections 4, 6, 6a, 7, 18a of this title.