§ 12. — Definitions; short title.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC12]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 12. Definitions; short title
(a) ``Antitrust laws,'' as used herein, includes the Act entitled
``An Act to protect trade and commerce against unlawful restraints and
monopolies,'' approved July second, eighteen hundred and ninety;
sections seventy-three to seventy-six, inclusive, of an Act entitled
``An Act to reduce taxation, to provide revenue for the Government, and
for other purposes,'' of August twenty-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.
``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.
(b) This Act may be cited as the ``Clayton Act''.
(Oct. 15, 1914, ch. 323, Sec. 1, 38 Stat. 730; Pub. L. 94-435, title
III, Sec. 305(b), Sept. 30, 1976, 90 Stat. 1397; Pub. L. 107-273, div.
C, title IV, Sec. 14102(c)(2)(A), Nov. 2, 2002, 116 Stat. 1921.)
References in Text
Words ``herein'' and ``this Act'', referred to in the three
paragraphs of subsec. (a), mean the Clayton Act. For classification of
the Clayton Act to the Code, see last paragraph hereunder.
The Act entitled ``An Act to protect trade and commerce against
unlawful restraints and monopolies,'' approved July second, eighteen
hundred and ninety, referred to in subsec. (a), is act July 2, 1890, ch.
647, 26 Stat. 209, as amended, known as the Sherman Act, which is
classified to sections 1 to 7 of this title.
The Act entitled ``An Act to reduce taxation, to provide revenue for
the Government, and for other purposes,'' of August twenty-seventh,
eighteen hundred and ninety-four, referred to in subsec. (a), is act
Aug. 27, 1894, ch. 349, 28 Stat. 509, as amended, known as the Wilson
Tariff Act. Sections seventy-three to seventy-six thereof are set out as
sections 8 to 11 of this title.
The 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, referred to in subsec. (a), is act Feb.
12, 1913, ch. 40, 37 Stat. 667, as amended, which is classified to
sections 8 and 11 of this title.
The Clayton Act, referred to in subsec. (b), is act Oct. 15, 1914,
ch. 323, 38 Stat. 730, as amended, which is classified to sections 12,
13, 14 to 19, 20, 21, and 22 to 27 of this title, and sections 52 and 53
of Title 29, Labor. Sections 9 and 21 to 25 of the act were repealed by
act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948,
and their provisions are now covered by sections 402, 660, 3285 and 3691
of Title 18, Crimes and Criminal Procedure, except that former section
23 of the act is obsolete and not now covered. Sections 17 to 19 of the
act were repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948, and their provisions are now covered by rule 65 of
the Federal Rules of Civil Procedure, set out in the Appendix to Title
28, Judiciary and Judicial Procedure. For complete classification of
this Act to the Code, see Tables.
Codification
The 3d par. of subsec. (a) is also classified to section 53 of Title
29, Labor.
Amendments
2002--Subsec. (a). Pub. L. 107-273 substituted ``seventy-three to
seventy-six'' for ``seventy-three to seventy-seven'' in first par.
1976--Pub. L. 94-435 designated existing provisions as subsec. (a)
and added subsec. (b).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and applicable
only with respect to cases commenced on or after Nov. 2, 2002, see
section 14103 of Pub. L. 107-273, set out as a note under section 3 of
this title.
Clayton Act Referred to in Other Sections
The Clayton Act [see References in Text note above] is referred to
in sections 35, 44, 57b-1, 1012, 1013, 3301, 3503 of this title; title 7
section 225; title 10 section 7430; title 12 sections 1828, 1849, 3208;
title 16 section 2602; title 30 sections 184, 1413; title 33 section
1331; title 40 section 559; title 42 sections 2135, 5417, 5909, 6202,
8235f, 9102; title 43 section 1770; title 45 section 791; title 46 App.
section 1702; title 49 section 10706; title 50 App. sections 1941a,
2158.
Section Referred to in Other Sections
This section is referred to in sections 34, 37a, 1291, 1311, 4002,
4021, 4301, 6211, 6701 of this title; title 12 sections 1831u, 1841;
title 16 section 824k; title 17 section 109; title 19 sections 2033,
2561; title 28 section 1407; title 42 sections 7651b, 12007, 13271;
title 46 App. section 885; title 47 section 303c; title 49 sections
13703, 13907, 14104, 40102, 41308, 41720.
