An Act To protect trade and commerce against unlawful restraints and monopolies.
Be it enacted:
SEC. 1. 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 hereby declared to be illegal. Every person who shall
make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on
conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one
year, or by both said punishments, in the discretion of the court.
SEC. 2. Every person who shall monopolize, or attempt 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 misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand
dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
SEC. 3. 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 Ebetween 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 nations, or between the District of Columbia and any State or States or foreign nations, is
hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy,
shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five
thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the
court.
SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain
violations of this act; and it shall be the duty of the several district attorneys of the United States, in their
respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and
restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such
violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of
such petition the courts shall proceed, as soon as may be, to the hearing and determination of the case; and pending
such petition and before final decrees, the court may at any time make such temporary restraining order or prohibition
as shall be deemed just in the premises.
SEC. 5. Whenever it shall appear to the court before which any proceeding under Section four of this act may be
pending, that the ends of justice require that other parties should be brought before 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.
SEC. 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the
subject thereof) mentioned in section one of this act, 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 condemned by like
proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United
States contrary to law.
SEC. 7. Any person who shall be injured in his business or property by any other person or corporation by reason of
anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in
the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover
threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.
SEC. 8. That 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.
Source: "Current Corporation Matters" in The Railway and Corporation Law Journal
Vol. 7 (April 12, 1890), 281.
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