Full/Raw
Text of 15 USC §18a
Cite.
15 USC Sec. 18a 01/05/99
Expcite.
Title 15 - Commerce and Trade; Chapter 1 - Monopolies and
Combinations In Restraint of Trade
Head. Sec.
18a. Premerger notification and waiting period
Statute.
Source.
(Oct. 15, 1914, ch. 323, Sec. 7A, as added Pub.
L. 94-435, title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1390; amended Pub.
L. 98-620, title IV, Sec. 402(10)(A), Nov. 8, 1984, 98 Stat. 3358; Pub. L.
101-73, title XII, Sec. 1214, Aug. 9, 1989, 103 Stat. 529.)
References
in Text. The antitrust laws, referred to in subsecs. (c), (d),
are defined in section 12 of this title. This Act, referred to in subsec.
(i)(1), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as
the Clayton Act, which is classified generally to sections 12, 13, 14 to
19, 20, 21, and 22 to 27 of this title, and sections 52 and 53 of Title
29, Labor. For further details and complete classification of this Act to
the Code, see References in Text note set out under section 12 of this
title and Tables. The Federal Trade Commission Act, referred to in subsec.
(i)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
this title. For complete classification of this Act to the Code, see
section 58 of this title and Tables. The Antitrust Civil Process Act,
referred to in subsec. (i)(2), is Pub. L. 87-664, Sept. 19, 1962, 76 Stat.
548, as amended, which is classified generally to chapter 34 (Sec. 1311 et
seq.) of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1311 of this title and Tables.
Miscellaneous
Amendments.
-
1989 - Subsec. (c)(7). Pub. L. 101-73, Sec.
1214(1), inserted reference to section 1467a(e) of title 12.
-
Subsec. (c)(8). Pub. L. 101-73, Sec. 1214(2),
struck out reference to section 1726 or 1730a(e) of title 12.
-
1984 - Subsec. (f)(2). Pub. L. 98-620 struck out
designation ''(A)'' before ''upon the filing'', and struck out subpar.
(B) which had provided that if the Federal Trade Commission or the
Assistant Attorney General certified that he or it believed that the
public interest required relief pendente lite pursuant to this
subsection, the motion for a preliminary injunction had to be set down
for hearing by the district judge so designated at the earliest
practicable time, would take precedence over all matters except older
matters of the same character and trials pursuant to section 3161 of
title 18, and had to be in every way expedited.
Effective
Date of 1984 Amendment. Amendment
by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see
section 403 of Pub. L. 98-620, set out as an Effective Date note under
section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective
Date. Section 202 of Pub. L. 94-435
provided that: ''The amendment made by section 201 of this Act
(enacting this section) shall take effect 150 days after the date of
enactment of this Act (Sept. 30, 1976), except that subsection (d) of
section 7A of the Clayton Act (subsec. (d) of this section) (as added
by section 201 of this Act) shall take effect on the date of enactment
of this Act.''
Assessment
and Collection of Filing Fees. Pub. L. 101-162, title VI,
Sec. 605, Nov. 21, 1989, 103 Stat. 1031, as amended by Pub. L. 101-302,
title II, May 25, 1990, 104 Stat. 217; Pub. L. 102-395, title I, Oct.
6, 1992, 106 Stat. 1847; Pub. L. 103-317, title I, Aug. 26, 1994, 108
Stat. 1739, provided that: ''Five working days after enactment of this
Act (Nov. 21, 1989) and thereafter, the Federal Trade Commission shall
assess and collect filing fees established at $45,000 which shall be
paid by persons acquiring voting securities or assets who are required
to file premerger notifications by the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a) and the regulations
promulgated thereunder. For purposes of said Act, no notification shall
be considered filed until payment of the fee required by this section.
Fees collected pursuant to this section shall be divided evenly between
and credited to the appropriations, Federal Trade Commission, 'Salaries
and Expenses' and Department of Justice, 'Salaries and Expenses,
Antitrust Division': Provided, That fees in excess of $40,000,000 in
fiscal year 1990 shall be deposited to the credit of the Treasury of
the United States: Provided further, That fees made available to the
Federal Trade Commission and the Antitrust Division herein shall remain
available until expended.''
Section
Referred to in Other Sections. This section is referred to in
section 6204 of this title; title 11 section 363.
