§ 3. Trusts in Territories or District of Columbia illegal; combination a felony

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 § 3 · 26 Stat. 209

   Enacted · 15 U.S.C. § 3

   July 2, 1890, ch. 647, § 3, 26 Stat. 209

   Source evidence

   Code source credit
   July 2, 1890, ch. 647, § 3, 26 Stat. 209

   Enacted provision · exact public law section
   Sec. 3. Every contract, combination in form of trust or otherwise, Trusts, etc., in Territories or District of Columbia illegal. 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 between 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 Persons engaged therein guilty of misdemeanor. 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 Penalty. 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. § 3

   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(c) · 104 Stat. 2879

   1. Substituted · 15 U.S.C. § 3

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

   2. Substituted · 15 U.S.C. § 3

      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
   (c) Other Restraints of Trade.— Section 3 of the Sherman Act (15 U.S.C. 3) 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. 2002

   Antitrust Technical Corrections Act of 2002

   Pub. L. 107–273 div. C title IV § 14102(b) · 116 Stat. 1758

   1. Amended · 15 U.S.C. § 3

      Pub. L. 107–273 designated existing provisions as subsec. (a)

   2. Added · 15 U.S.C. § 3

      Pub. L. 107–273 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 107–273 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Sherman Act.— Section 3 of the Sherman Act (15 U.S.C. 3) is amended— (1) by inserting “(a)” after “Sec. 3.”; and (2) by adding at the end the following: “(b) 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 in any Territory of the United States or of the District of Columbia, or between 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, 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.”.

   Effective date note
   Pub. L. 107–273, div. C, title IV, § 14103, Nov. 2, 2002, 116 Stat. 1922, provided that:

5. 2004

   Antitrust Criminal Penalty Enhancement and Reform Act of 2004

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

   1. Substituted · 15 U.S.C. § 3

      Pub. L. 108–237, which directed the substitution of “$100,000,000” for “$10,000,000” was executed by making each substitution in both subsecs. (a) and (b) to reflect the probable intent of Congress

   2. Substituted · 15 U.S.C. § 3

      Pub. L. 108–237, which directed the substitution of “$1,000,000” for “$350,000” was executed by making each substitution in both subsecs. (a) and (b) to reflect the probable intent of Congress

   3. Substituted · 15 U.S.C. § 3

      Pub. L. 108–237, which directed the substitution of “10” for “three” was executed by making each substitution in both subsecs. (a) and (b) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 108–237, which directed the substitution of “$100,000,000” for “$10,000,000”, “$1,000,000” for “$350,000”, and “10” for “three”, was executed by making each substitution in both subsecs. (a) and (b) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (c) Other Restraints of Trade.— Section 3 of the Sherman Act (15 U.S.C. 3) 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”.

9 of 9 references resolved to an enrolled provision