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ANTITRUST DIVISION MANUALCHAPTER IISTATUTORY PROVISIONS AND GUIDELINES OF THE ANTITRUSTDIVISIONA. Statutes Enforced by the Antitrust Division1. Sherman Antitrust Act, 15 U.S.§§2. Wilson Tariff Act, 15 U.S.§§3. Clayton Act, 15 U.S.§§ 12-27, 29 U.S.§§4. Appeals [U.S. is civil complainant, equitable relief sought], 15 U.S.§5.Depositions for Use in Suits in Equity Proceedings Open to the Public 15U.S.§6. Antitrust Civil Process Act, 15 U.S.§§ 1311-1314, as Amended7. Counsel's Liability for Excessive Costs, 28 U.S.§ 19278. International Antitrust Enforcement Assistant Act of 1994, 15 U.S.§§6201-6212B. Statutes Affecting Antitrust Prosecutions1. Related Criminal Offenses Prosecuted by the Antitrust Division II-492. Criminal Statutes to Protect the Integrity of the Investigations andProsecutions of the Antitrust Divisiona. Obstruction of Justice, 18 U.S.§§ 1501-1511b. Witness Tampering, 18 U.S.§§ 1512-1515c. Perjury, 18 U.S.§§ 1621-1623d. Criminal Contempt3. Procedural Statutesa. Witness Immunityb. Jencks Act, as amended, 18 U.S.§ 3500c. Speedy Trial Act, as amended, 18 U.S.§§ 3161-3162d. Detaining the Defendant Pending Appeal, 18 U.S.§ 3143e. Statutes of Limitations (criminal)4. Victims and Witness Rights5. SentencingC. Statutes That Affect the Competition Advocacy of the Antitrust Division1. Statutory Antitrust Immunitiesa. Agricultural Immunitiesb. Export Trade Immunitiesc. Insurance Immunitiesd. Labor Immunitiese. Fishing Immunitiesf. Defense Preparednessg. Newspaper Joint Operating Agreementsh. Professional SportsPage1of114Antitrust Division Manual : Chapter Two-Statutory Provisions and Guidelines of the Antitru...11/9/2007mhtml:file://C:\CMU\LawCourse2007\readings\Antitrust\Antitrust Division Manual Chapter...i. Small Business Venturesj. Local Governments2. Statutes Relating to the Regulated Industries Activities of the AntitrustDivisiona. Bankingb. Communicationsc. Foreign Traded. Energy II-94e. Transportation3. Statute Relating to Joint Research and DevelopmentD. Antitrust Division Guidelines1. Horizontal Merger Guidelines2. Antitrust Guidelines for the Licensing of Intellectual Property3. Antitrust Enforcement Guidelines for International OperationsCHAPTER IISTATUTORY PROVISIONS AND GUIDELINESOF THE ANTITRUST DIVISION(1)A. STATUTES ENFORCED BY THE ANTITRUST DIVISION1. SHERMAN ANTITRUST ACT, 15 U.S.C. §§ 1-7§ 1 Sherman Act, 15 U.S.C. § 1Trusts, etc., in restraint of trade illegal; penaltyEvery contract, combination in the form of trust or otherwise, or conspiracy, inrestraint of trade or commerce among the several States, or with foreign nations, isdeclared to be illegal. Every person who shall make any contract or engage in anycombination or conspiracy hereby declared to be illegal shall be deemed guilty of afelony, 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 imprisonmentnot exceeding three years, or by both said punishments, in the discretion of the court.§ 2 Sherman Act, 15 U.S.C. § 2Monopolizing trade a felony; penaltyEvery person who shall monopolize, or attempt to monopolize, or combine orconspire with any other person or persons, to monopolize any part of the trade orcommerce among the several States, or with foreign nations, shall be deemed guiltyof 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 imprisonmentnot exceeding three years, or by both said punishments, in the discretion of the court.Page2of114Antitrust Division Manual : Chapter Two-Statutory Provisions and Guidelines of the Antitru...11/9/2007mhtml:file://C:\CMU\LawCourse2007\readings\Antitrust\Antitrust Division Manual Chapter T...§ 3 Sherman Act, 15 U.S.C. § 3Trusts in Territories or District of Columbia illegal; combination a felonyEvery contract, combination in form of trust or otherwise, or conspiracy, in restraintof trade or commerce in any Territory of the United States or of the District ofColumbia, or in restraint of trade or commerce between any such Territory andanother, or between any such Territory or Territories and any State or States or theDistrict of Columbia, or with foreign nations, or between the District of Columbiaand any State or States or foreign nations, is declared illegal. Every person who shallmake any such contract or engage in any such combination or conspiracy, shall bedeemed guilty of a felony, and, on conviction thereof, shall be punished by fine notexceeding $10,000,000 if a corporation, or, if any other person, $350,000, or byimprisonment not exceeding three years, or by both said punishments, in thediscretion of the court.§ 4 Sherman Act, 15 U.S.C. § 4Jurisdiction of courts; duty of United States attorneys; procedureThe several district courts of the United States are invested with jurisdiction toprevent and restrain violations of sections 1 to 7 of this title; and it shall be the dutyof the several United States attorneys, in their respective districts, under the directionof the Attorney General, to institute proceedings in equity to prevent and restrainsuch violations. Such proceedings may be by way of petition setting forth the caseand praying that such violation shall be enjoined or otherwise prohibited. When theparties complained of shall have been duly notified of such petition the court shallproceed, as soon as may be, to the hearing and determination of the case; and pendingsuch petition and before final decree, the court may at any time make such temporaryrestraining order or prohibition as shall be deemed just in the premises.§ 5 Sherman Act, 15 U.S.C. § 5Bringing in additional partiesWhenever it shall appear to the court before which any proceeding under section 4 ofthis title may be pending, that the ends of justice require that other parties should bebrought before the court, the court may cause them to be summoned, whether theyreside in the district in which the court is held or not; and subpoenas to that end maybe served in any district by the marshal thereof.§ 6 Sherman Act, 15 U.S.C. § 6Forfeiture of property in transitAny property owned under any contract or by any combination, or pursuant to anyconspiracy (and being the subject thereof) mentioned in section 1 of this title, andbeing in the course of transportation from one State to another, or to a foreigncountry, shall be forfeited to the United States, and may be seized and
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