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seventh, eighteen hundred and ninety-four; an act entitled "An act to amend sections seventy-three and seventy-six of the act of August twenty-seventh, eighteen hundred and ninety-four, entitled "An act to reduce taxation, to provide revenue for the Government, and for other purposes," approved February twelfth, nineteen hundred and thirteen; and also this act.

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"Commerce, as used herein, means trade or commerce among the several states and with foreign nations, or between the District of Columbia or any territory of the United States and any state, territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any state or territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this act contained shall apply to the Philippine Islands.

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.

Section one of Clayton Act approved Oct. 15, 1914, 38 Stat.. 730 seq., Public No. 212, 63rd Congress. Completed Statutes 1916, section 8835a seq.

§ 496. Price Discrimination Prohibited. That it shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly to discriminate in price between different purchasers of commodities, which commodities are sold for use, consumption, or resale within the United States or any territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, where the effect of such discrimination may be to substantially lessen competition or tend to create a monopoly in any line of commerce: Providea, That nothing herein contained shall prevent discrimination in

price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for difference in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition: And provided further, That nothing herein con tained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade. Sec. 2 Clayton Act.

Notes of Decisions Rendered Since 1915.

Prior action by Federal Trade Commission not a sine qua non to a suit for unlawfully maintaining price discriminations. Frey & Son v. Cudahy Packing Co., 232 Fed. 640, and see same case, 228 Fed. 209, 243 Fed. 205, and reversed 261 Fed. 65.

Act discussed, no duty to sell goods to a particular person. Atlantic & Pacific Tea Co. v. Cream of Wheat Co., 224 Fed. 566, 227 Fed. 46.

§ 497. Lease or Sale of Patented Articles.-That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether patented or unpatented, for use, consumption or resale within the United States or any territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may substantially lessen competition or tend to create a monopoly in any line of

commerce.

Sec. 3 Clayton Act.

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Notes of Decisions Rendered Since 1915.

The statute applies to contracts made before its enactment. Elliott Mach. Co. v. Center, 227 Fed. 124. Case cited and followed, United States v. United States Show Mach. Co., 227 Fed. 507, 510. Reversed without prejudice 232 Fed. 1023; and Motion Picture Patents Co. v. Universal Film Mfg. Co., 235 Fed. 398, 401, 148 C. C. A. 660, 243 U. S. 502, 61 L. Ed. 871, 37 Sup. Ct. 416, L. R. A. 1917E, 1187 Ann. Cas. 1918A 959 and cases cited. To appoint an exclusive selling agent and to refuse to sell to those who do not maintain fixed resale prices does not violate the law. Baran v. Goodyear Tire & Rubber Co., 256 Fed. 570, 571. Contract requiring purchasers even of patented articles, to maintain fixed resale prices illegal. Motion Picture Patents Co. Case Supra; Straus v. Victor Talking Machine Co., 243 U. S. 490, 61 L. Ed. 866, 37 Sup. Ct. 412. Boston Store v. American Graphophone Co., 246 U. S. 8, 62 L. Ed. 551. 38 Sup. Ct. 258. See a discussion of the general question prior to Clayton Law in note 46 L. Ed. 1058 and for late cases see annotations to section 487, supra. Facts insufficient to show unlawful restraint of trade by patentee. United States v. United Show Mach. Co., 247 U. S. 32, 62 L. Ed. 968, 38 Sup. Ct. 473. See also same or related cases, 222 Fed. 349, 227 Fed. 507, 232 Fed. 1023, 234 Fed. 127. An agreement by buyer to sell only sellers goods violates section. Standard Fashion Co. v. Magrane Houston Co., 259 Fed. 793, see same case 251 Fed. 559, 163 C. C. A. 553. Notice that buyer must maintain sellers resale prices under penalty of not being permitted again to buy from seller not unlawful. United States v. Colgate & Co., 250 U. S. 300, 39 Sup. Ct. 465, 64 L. Ed., Cudahy Packing Co. v. Frey & Son, 261 Fed. 65, C. C. A.. Trading stamps not unlawful. Sperry & Hutchinson Co. v. Fenster, 219 Fed. 759.

§ 498. Damages May Be Recovered by Person Injured.— That any person who shall be injured in his business or property by reason of anything forbidden in the anti-trust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and

shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.

Sec. 4 Clayton Act. Cited Buckeye Powder Co. v. E. I. Du Pont de Nemours Powder Co., 223 Fed. 881, 884.

Notes of Decisions Rendered Since 1915.

Suit may be brought although the Federal Trade Commission has taken no action. Frey & Son v. Cudahy Packing Co., 232 Fed. 640. Same case, 243 Fed. 205, 261 Fed. 65 holding that recovery can be for those items only which arose before the date of filing the suit.

§ 499. Effect of Final Judgments in Criminal Prosecution and Equity Suits.-That a final judgment or decree hereafter rendered in any criminal prosecution or in any suit or proceeding in equity brought by or on behalf of the United States under the anti-trust laws to the effect that a defendant has violated said laws shall be prima facie evidence against such defendant in any suit or proceeding brought by any other party against such defendant under said laws as to all matters respecting which said judgment or decree would be an estoppel as between the parties therton: Provided, This section shall not apply to consent judgments or decrees entered before any testimony has been taken: Provided further, This section shall not apply to consent judgments or decrees rendered in criminal proceedings or suits in equity, now pending, in which the taking of testimony has been commenced but has not been concluded, provided such judgments or decrees are rendered before any further testimony is taken.

Whenever any suit or proceeding in equity or criminal prosecution is instituted by the United States to prevent, restrain or punish violations of any of the anti-trust laws, the running of the statute of limitations in respect of each and every private right of action arising under said laws and based in whole or in part on any matter complained of in said suit or proceeding shall be suspended during the pendency thereof.

Sec 5 Clayton Act.

Section does not affect prior proceedings. Buckeye Powder Co. v. Dupont de Nemours Powder Co., 248 U. S. 55, 63 L. Ed., 39 Sup. Ct. 38.

§ 500. Labor Not a Commodity. That the labor of a human being is not a commodity or article of commerce. Nothing contained in the anti-trust laws shall be construed to forbid the existence and operation of labor, agriculture, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the anti-trust laws. Sec. 6 Clayton Act.

Notes of Decisions Rendered Since 1915.

Indirectly bearing on this section, held "Secondary boycott" by dealers illegal. United States v. King, 229 Fed. 275. Same case, 250 Fed. 908 holding that labor and farm organizations may not adopt business methods not lawful to other associations. But see Duplex Printing Press Co. v. Deering, 252 Fed. 722. An association of master plumbers held to be an illegal combination under the Sherman Law. Knauer v. United States, 237 Fed. 8. See also notes to Sec. 517, post and notes of decisions before passage of the Clayton Act, U. S. Comp. Stat. 1916, Vol. 8, pp 9686-9688.

§ 501. Acquisition by a Corporation of Stock in Another Corporation, When Prohibited. That no corporation engaged in commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital of another corporation engaged also in commerce, where the effect of such acquisition may be to substantially lessen competition between the corporation whose stock is so acquired and the corporation making the acquisition, or to restrain such commerce in any section or community, or tend to create a monopoly of any line of commerce.

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