Commerce and Trade - 15 USC Section 3

01/03/05

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

(a) Every contract, combination in form of trust or otherwise, 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 declared illegal. Every person who shall make any such
contract or engage in any such combination or conspiracy, shall be
deemed guilty of a felony, and, on conviction thereof, shall be
punished by fine not exceeding $100,000,000 if a corporation, or,
if any other person, $1,000,000, or by imprisonment not exceeding
10 years, or both said punishments, in the discretion of the court.
(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 $100,000,000 if a corporation, or, if any other person,
$1,000,000, or by imprisonment not exceeding 10 years, or by both
said punishments, in the discretion of the court.

AMENDMENTS
2004 - 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.
2002 - Pub. L. 107-273 designated existing provisions as subsec.
(a) and added subsec. (b).
1990 - Pub. L. 101-588 substituted "$10,000,000" for "one million
dollars" and "$350,000" for "one hundred thousand dollars".
1974 - 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".
1955 - Act July 7, 1955, substituted "fifty thousand dollars" for
"five thousand".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. C, title IV, Sec. 14103, Nov. 2, 2002, 116
Stat. 1922, provided that:
"(a) Effective Date. - Except as provided in subsection (b), this
subtitle [probably means this title, amending this section and
sections 12, 27, and 44 of this title, section 225 of Title 7,
Agriculture, section 1413 of Title 30, Mineral Lands and Mining,
and section 2135 of Title 42, The Public Health and Welfare,
repealing sections 30 and 31 of this title, enacting provisions set
out as a note under section 1 of this title, amending provisions
set out as notes under sections 1 and 8 of this title, and
repealing provisions set out as notes under section 15 of this
title and section 41309 of Title 49, Transportation] and the
amendments made by this subtitle shall take effect on the date of
enactment of this Act [Nov. 2, 2002].
"(b) Application to Cases. - (1) Section 14102(f) [repealing
section 30 of this title] shall apply to cases pending on or after
the date of the enactment of this Act.
"(2) The amendments made by subsections (a), (b), and (c) of
section 14102 [amending this section and sections 12 and 44 of this
title, section 225 of Title 7, Agriculture, section 1413 of Title
30, Mineral Lands and Mining, and section 2135 of Title 42, The
Public Health and Welfare, repealing section 31 of this title,
amending provisions set out as a note under section 8 of this
title, and repealing provisions set out as a note under section 15
of this title] shall apply only with respect to cases commenced on
or after the date of enactment of this Act."

Last modified: June 14, 2006