Page:United States Statutes at Large Volume 44 Part 1.djvu/374

 § (52 TITLE 15.--0OMl or Territories and any,State or States`. or the District ( (lolunibia, .or` between the District of‘Colun1b.{¤.and any Stal or States; -  _ _ _ . ° The word " association " wherever used in thislsnbdivisio of this chapter . means any corporation or `combination, b contract or pthervvise, of two or more persons, partnership or corporations. (Apr. 10, 1918, c. 50, §—·1, 40 Sta§__516.-)· 62. Export _ trade and antitrust legislation.+-Nothing cox tained in sections 1 to ,7, inclusive, or section 1_15` of this tit] shall be construed as declaring to `be illegal an associatio qenteredinto for the sole purpose of engaging in export trad and actually-· engaged solely iin such `exporttrade, or· an agret ment `made or act done in~ the courséiof export trade by suc associ‘ation,_ provided such association, agreement, or act l `notin restraint of trade within the United $tates,· and is nw in restraint of the export trade of any domestic competitc _ ot such association: Provided, That such association. doi not, either in the United States or elsewhere, enter into an _agreementfunderstanding, or conspiracy, or_do any act whic artificially or intentionally enhances or depresses prices. withi ‘· the United States of commodities of the ·cla·ss, exported b _snch `association, or. which substantially ·1essens·competitio within, the United States or otherwise. restrains tradetthereix ' (Apr. 10, 1918, c. 50;—§_ 2, 40 Stat,-517._) —- · Y _ `_ `j 63, Acquisition of stock_ of _ export trade corporation.-· Nothing contained, in section- _18 of this title_ shall be con etrued to forbid the acquisition. or ownership __by·'any, corporg tion of the `whole or any part of the `st0ck.or other capital c any corporation organized solely for the purpose of engagin in efport trade, and actually engaged solely °in such expo; trade, unless the eiectof such acquisition or ownership may ll to restrain trade or substantially lessencompetition within-th United States. (Apr. 10, 1918, c. 50, 5 3, 40 Stat. 517..) · ' ‘ 64. Unfair nnethods of competition in export trade;--Tl prohibition against " unfair methods `of· competition" and tl remedies provided for enforcing said prohibition contained 1 the`preceding’ subdivision of this chapter shall be construed- 2 extending to tinfair inethode of competition used in 'expm trade against competitors engaged in export trade, even thoug the acts constituting such unfair anethosis are done without. th territorial jurisdiction of. the United States. ‘·(Apr. 10,i191_¢ c. 50, 5 4, 40 Stati 517.) ‘. t ·, ' 65, information required front ‘expo_rt trade corporatior powers of Federal Trade Conimissiei\.——H`§x·ery· associatio , which engages solely in-export trade, within thirty days aftc its `creation, shall tile- with the Federal Trade 0¤mim1¤s1o¤‘ verified written statement. setting forth, the location of 11 `oillces or places of business and the names and addresses t all its onicers and of all lla stockholders or members, and if corporation, a copy of itscertltlcate or articles of incorporatio and l>y——laxvs, and-ifu11inco1~{>orated, -a copy of its articles ez contract otvassociation, and on thelsst dayof January `of eac year erery association engaged solely in export trade sha make a like statement of the location ot, its offices oreplaces < hueineesand the. names and addresses of all its officers and < all its stockholders or members and of alhaxnendments to an changes in its articles or certiil<:ate" of incorporation or `Lu il articles or contract of association. *It shall also furnish to tl connmission auch inforniation as the commission may require z to its- organization,. business. conduct, practices, managemen and relation to other associations, corporations, partnership and indiyiduals. Any_.associ:z_tit1xn_ which shall fall so to cl shall not have the benérlt ot the provisions of sections *62 an 63 ofthis chapter, and it shall also forfeit to the United State the sum of $100 for each and every day of the continuance < such failure, which forfeiture shall be payable-into the Tren ury. of the United States, and shall be recoverable in a cir suit ln the name of the United States brought in thedistrt

sinncn AND TRADE _ _3(O >f where the a$0ciation has its principal office, orhin any district Le in which it shall do husiness. It shall he the duty of the rari- ’ ous district attorneys, °under the direction of the Attorney n General of the United States, to prosecute for the recovery Of »y the forfeiture. The costs and expenses of such prosecution sj · shall be paid out of the appropriation for the expenses of the — courts of the United States. A ._  · · .1- °Whenever the Federal Trade Commission shall have reason te to _-believe that an association or any agreement made or net, ·n done by suck association is nr restraint of trade within the le _UnitedK States or in restraint of the export trade of any domesel 0 tic comlletitor ofsuch associatioxybr ‘that·an association either ` sh` in the United States or elsewhere has entered into any agreels ment, -understa_nding, or conspiracy, or done any act whi~t·h xt V artidcially or intentionally" enhances or depfesses prices {within, ir the United States of commoditiesfof the class exported by as- such`· association, or which {substantially lessons competition. ty within the United States or otherwise- restrains trade therein, eh- it shall suminon such association, its officers, Land agents to .n‘ appear before it,-` and thereafter conduct an investigation into »y-the alleged violations of law. . Upon inv$tigation,. if nit shall ·n conclude that the law hasbeen violated, it may inake to such’·‘ u. [association recommendations for the 'readjustment of itsbnsi- · ‘ness,_ in order that it may thereafter maintain its organization g- `nnd managementz and conduct its business in accordance with 1= law. If such association fails to comply with the recornmen-' 1-_ dations of the Federal Trade Commission, said commlmion shall >f”. refer its findings and recommendations to the Attorney General _` gg of the United States for such action thereorras he niay deem pc' For the purpose of enforcing these provisions the Federal te Trade Commission shall have all the. powers, so far as- applié ‘ cable, given it in the preceding anbdivision of this chapter. ie (Apr. 10, 1918, c] 50, ·§ 5, 40 Stat; 517i) M ` ` ·PI€EVENTION_.'OF UNFAIR Ml§THt)DS OF_·COMI*ETlTION ` is- _. 71; De6nition.———When used ·in this subdivision of this chaprt ter the term " person " includes partnerships, corporations, and
 * h_ associations. (Sept. 8, 1916, c. 463, 5 800, 30 Stat. 798.)

ie _ `· 72. Importation or sale of articles- at less than market S, value or vrholcsale pricé.———It shall be `unlawtul for any person importing or assisting in importing any "‘articies from `any Q; foreign country into the United States, commonly and sys— ,u tematically to import, sell or cause to he importedor sold sneh ‘ gr articles within the United States at a price substantially less a than the actual market value or wholesale price of such articles, ‘ gn at thetiline of erportation to the·United. States, in the prin-· ){ cipal markets of the country of their production, or of, other a foreign countries to- which they are commonly exported; after »n adding. to such market value or wholesale price, freight, dnty, >r and other charges and expenses necessarilyincident to the ixn· ·h0 hortation and sale thereof in the United States: Prot·£dod,·_That ll ,_ such act or acts be done with the intent of destroying or injuraf ting an_ industry in the United States, or or preventing the pf establishment of an industry in the United States, or of res. ,4 straining or nionopolizing any `part of trade aud.commert·e in tg such articles injthe United States. ,- l ` te" Any person who violates ;or_ combines oxnconspires with any ns` other person to yiolate this section is guilty of a inisdemeanor. tt,— tend, on conviction thereof, shall be punished hy a‘iine`n_ot cxns, eeeding $5,000, or imprisonment not exceeding one year, or lg both, in the discretion` of the court. . _ ~_ — td Any person injured ln, his business or ~property"by reason sg of any violation of, or combination or conspiracy to violate, · nf this section, may sue therefor ,ln the district "court of the s- ,United States for the district"in'which thedefetndant resides ll or isifound or has an agent, without respect to the amount in ct controversy. and shall, recover,. threefold the damages sus—