§ 2. Monopolizing trade a felony; penalty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1890

   Pub. L. 51–647 § 2 · 26 Stat. 209

   Enacted · 15 U.S.C. § 2

   July 2, 1890, ch. 647, § 2, 26 Stat. 209

   Source evidence

   Code source credit
   July 2, 1890, ch. 647, § 2, 26 Stat. 209

   Enacted provision · exact public law section
   Sec. 2. Every person who shall monopolize, or attempt to monopolize, Persons attempting to monopolize, etc., guilty of misdemeanor. 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 Penalty. exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

2. 1974

   Antitrust Procedures and Penalties Act

   Pub. L. 93–528 § 3 · 88 Stat. 1706

   Substituted · 15 U.S.C. § 2

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 3. penalties Sections 1, 2, and 3 of the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890 (15 U.S.C. 1, 2, and 3), are each amended— (1) by striking out “misdemeanor” whenever it appears and inserting in lieu thereof in each case “felony”; (2) by striking out “fifty thousand dollars” whenever such phrase appears and inserting in lieu thereof in each case the following: “one million dollars if a corporation, or, if any other person, one hundred thousand dollars”; and (3) by striking out “one year” whenever such phrase appears and inserting in lieu thereof in each case “three years”.

3. 1990

   Antitrust Amendments Act of 1990

   Pub. L. 101–588 § 4(b) · 104 Stat. 2879

   1. Substituted · 15 U.S.C. § 2

      Pub. L. 101–588 substituted “$10,000,000” for “one million dollars”

   2. Substituted · 15 U.S.C. § 2

      Pub. L. 101–588 substituted “$350,000” for “one hundred thousand dollars”

   Source evidence

   Code amendment note
   Pub. L. 101–588 substituted “$10,000,000” for “one million dollars” and “$350,000” for “one hundred thousand dollars”.

   Enacted provision · exact public law section
   (b) Monopoly.— Section 2 of the Sherman Act (15 U.S.C. 2) is amended— (1) by striking “one million dollars” and inserting “$10,000,000”, and (2) by striking “one hundred thousand dollars” and inserting “$350,000”.

4. 2004

   Antitrust Criminal Penalty Enhancement and Reform Act of 2004

   Pub. L. 108–237 title II § 215(b) · 118 Stat. 661

   1. Substituted · 15 U.S.C. § 2

      Pub. L. 108–237 substituted “$100,000,000” for “$10,000,000”

   2. Substituted · 15 U.S.C. § 2

      Pub. L. 108–237 substituted “$1,000,000” for “$350,000”

   3. Substituted · 15 U.S.C. § 2

      Pub. L. 108–237 substituted “10” for “three”

   Source evidence

   Code amendment note
   Pub. L. 108–237 substituted “$100,000,000” for “$10,000,000”, “$1,000,000” for “$350,000”, and “10” for “three”.

   Enacted provision · exact public law section
   (b) Monopolizing Trade.— Section 2 of the Sherman Act (15 U.S.C. 2) is amended by— (1) striking “$10,000,000” and inserting “$100,000,000”; (2) striking “$350,000” and inserting “$1,000,000”; and (3) striking “three” and inserting “10”.

7 of 7 references resolved to an enrolled provision