.


:




:

































 

 

 

 


.




, , . , , , .

. , , , , , , .

1991 , . , . - , , . , 1991 . , , . , , , , . , , . , . , 19 , .

3 1991. 297 19 1991. 55, .

-. 22 1991. 948-1 , , :

, , ;

, ;

-, ;

;

- .

, л 14 1990 . 17 1991 .

1993 . , , (. 8 34). , , , .

1994 . , , , . , , , , , . , .

. (1995.), . (, , ), , , . , , , , , , . , .

, 1990- . . 1997 . (). 22 1998 1142 ( . .), ( . .), ( . .) ( . .). ( ), . , , , . , , .

1999 . , , [8]. , , , . . , , . , , : , , .

. , , , , , , . . 2001 . - . [9].

2002 . . , , . , , ex post ex ante .

9 2004 314 ( ), , .

30 2004 , 13 2004 135 , . .

, . , , , , , .

, , , , [10].

, . , , , .

, , , .

, 331 30 2004 [11], :

, ( );

, ( ), , , , , , ;

, () , ;

;

, (), , (), ;

, , .

, , , . .

1) , , . , . , .

ü

ü

ü

ü

ü

2) - , "" , . - - , , , .

- , .

ü "" , , -.

ü - , . ( ) ( ).

3) , , , . , . , .

, , , , , - .

4) , .

" ", , , , , .

, 15 " ", , , , , , , , () (), , , , () (). , , , (" "), .

- , , " ".[12]

:

1. ,

2. ,

, , , .

, . 8 , , , , , . . 34 , . (.3 . 1, .1 .10). , , , : , ; , , .

, . : -, , .

. 178 . .[13]

, , , , .

1

Sherman Anti-Trust Act (1890)[14]

 

1

 

2[15]

Clayton Antitrust Act

An Act to supplement existing laws against unlawful restraints and monopolies,and for other purposes.

Be it enacted by the Senate and House of Representatives of the UnitedStates of America in Congress assembled, That "antitrust laws," as usedherein, includes the Act entitled "An Act to protect trade and commerceagainst unlawful restraints and monopolies," approved July second, eighteenhundred and ninety; sections seventy-three to seventy-seven, inclusive,of an Act entitled "An Act to reduce taxation, to provide revenue for theGovernment, and for other purposes," of August twenty-seventh, eighteenhundred and ninety-four; an Act entitled "An Act to amend sections seventy-threeand seventy-six of the Act of August twenty-seventh, eighteen hundred andninety-four, entitled An Act to reduce taxation, to provide revenue forthe Government, and for other purposes, " approved February twelfth, nineteenhundred and thirteen; and also this Act.

"Commerce," as used herein, means trade or commerce among the severalStates and with foreign nations, or between the District of Columbia orany Territory of the United States and any State, Territory, or foreignnation, or between any insular possessions or other places under the jurisdictionof the United States, or between any such possession or place and any Stateor Territory of the United States or the District of Columbia or any foreignnation, or within the District of Columbia or any Territory or any insularpossession or other place under the jurisdiction of the United States:Provided, That nothing in this Act contained shall apply to the PhilippineIslands.

The word "person" or "persons" wherever used in this Act shall be deemedto include corporations and associations existing under or authorized bythe 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 2. That it shall be unlawful for any person engaged in commerce,in the course of such commerce, either directly or indirectly to discriminatein price between different purchasers of commodities, which commoditiesare sold for use, consumption, or resale within the United States or anyTerritory thereof or the District of Columbia or any insular possessionor other place under the jurisdiction of the United States, where the effectof such discrimination may be to substantially lessen competition or tendto create a monopoly in any line of commerce: Provided, That nothing hereincontained shall prevent discrimination in price between purchasers of commoditieson account of differences in the grade, quality, or quantity of the commoditysold, or that makes only due allowance for difference in the cost of sellingor transportation, or discrimination in price in the same or differentcommunities made in good faith to meet competition: And provided further,That nothing herein contained shall prevent persons engaged in sellinggoods, wares, or merchandise in commerce from selecting their own customersin bona fide transactions and not in restraint of trade.

Section 3. 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 forsale of goods, wares, merchandise, machinery, supplies or other commodities,whether patented or unpatented, for use, consumption or resale within theUnited States or any Territory thereof or the District of Columbia or anyinsular possession or other place under the jurisdiction of the UnitedStates, or fix a price charged therefor, or discount from, or rebate upon,such price, on the condition, agreement or understanding that the lesseeor purchaser thereof shall not use or deal in the goods, wares, merchandise,machinery, supplies or other commodities of a competitor or competitorsof the lessor or seller, where the effect of such lease, sale, or contractfor sale or such condition, agreement or understanding may be to substantiallylessen competition or tend to create a monopoly in any line of commerce.

Section 4. That any person who shall be injured in his business or propertyby reason of anything forbidden in the antitrust laws may sue thereforin any district court of the United States in the district in which thedefendant resides or is found or has an agent, without respect to the amountin controversy, and shall recover threefold the damages by him sustained,and the cost of suit, including a reasonable attorneys fee.

Section 5. That a final judgment or decree hereafter rendered in anycriminal prosecution or in any suit or proceeding in equity brought byor on behalf of the United States under the antitrust laws to the effectthat a defendant has violated said laws shall be prima facie evidence againstsuch defendant in any suit or proceeding brought by any other party againstsuch defendant under said laws as to all matters respecting which saidjudgment or decree would be an estoppel as between the parties thereto:Provided, This section shall not apply to consent judgments or decreesentered before any testimony has been taken: Provided further, This sectionshall not apply to consent judgments or decrees rendered in criminal proceedingsor suits in equity, now pending, in which the taking of testimony has beencommenced but has not been concluded, provided such judgments or decreesare rendered before any further testimony is taken.

Whenever any suit or proceeding in equity or criminal prosecution isinstituted by the United States to prevent, restrain or punish violationsof any of the antitrust laws, the running of the statute of limitationsin respect of each and every private right of action arising under saidlaws and based in whole or in part on any matter complained of in saidsuit or proceeding shall be suspended during the pendency thereof.

Section 6. That the labor of a human being is not a commodity or articleof commerce. Nothing contained in the antitrust laws shall be construedto forbid the existence and operation of labor, agricultural, or horticulturalorganizations, instituted for the purposes of mutual help, and not havingcapital stock or conducted for profit, or to forbid or restrain individualmembers of such organizations from lawfully carrying out the legitimateobjects thereof; nor shall such organizations, or the members thereof,be held or construed to be illegal combinations or conspiracies in restraintof trade, under the antitrust laws.

Section 7. That no corporation engaged in commerce shall acquire, directlyor indirectly, the whole or any part of the stock or other share capitalof another corporation engaged also in commerce, where the effect of suchacquisition may be to substantially lessen competition between the corporationwhose stock is so acquired and the corporation making the acquisition,or to restrain such commerce in any section or community, or tend to createa monopoly of any line of commerce.

No corporation shall acquire, directly or indirectly, the whole or anypart of the stock or other share capital of two or more corporations engagedin commerce where the effect of such acquisition; or the use of such stockby the voting or granting of proxies or otherwise, may be to substantiallylessen competition between such corporations, or any of them, whose stockor other share capital is so acquired, or to restrain such commerce inany section or community, or tend to create a monopoly of any line of commerce.

This section shall not apply to corporations purchasing such stock solelyfor investment and not using the same by voting or otherwise to bring about,or in attempting to bring about, the substantial lessening of competition.Nor shall anything contained in this section prevent a corporation engagedin commerce from causing the formation of subsidiary corporations for theactual carrying on of their immediate lawful business, or the natural andlegitimate branches or extensions thereof, or from owning and holding allor a part of the stock of such subsidiary corporations, when the effectof such formation is not to substantially lessen competition.

Nor shall anything herein contained be construed to prohibit any commoncarrier subject to the laws to regulate commerce from aiding in the constructionof branches or short lines so located as to become feeders to the mainline of the company so aiding in such construction or from acquiring orowning all or any part of the stock of such branch lines, nor to preventany such common carrier from acquiring and owning all or any part of thestock of a branch or short line constructed by an independent company wherethere is no substantial competition between the company owning the branchline so constructed and the company owning the main line acquiring theproperty or an interest therein, nor to prevent such common carrier fromextending any of its lines through the medium of the acquisition of stockor otherwise of any other such common carrier where there is no substantialcompetition between the company extending its lines and the company whosestock, property, or an interest therein is so acquired.

Nothing contained in this section shall be held to affect or impairany right heretofore legally acquired: Provided, That nothing in this sectionshall be held or construed to authorize or make lawful anything heretoforeprohibited or made illegal by the antitrust laws, nor to exempt any personfrom the penal provisions thereof or the civil remedies therein provided.

Section 8. That from and after two years from the date of the approvalof this Act no person shall at the same time be a director or other officeror employee of more than one bank, banking association or trust company,organized or operating under the laws of the United States, either of whichhas deposits, capital, surplus, and undivided profits aggregating morethan $5,000,000; and no private banker or person who is a director in anybank or trust company, organized and operating under the laws of a State,having deposits, capital, surplus, and undivided profits aggregating morethan $5,000,000 shall be eligible to be a director in any bank or bankingassociation organized or operating under the laws of the United States.The eligibility of a director, officer, or employee under the foregoingprovisions shall be determined by the average amount of deposits, capital,surplus, and undivided profits as shown in the official statements of suchbank, banking association, or trust company filed as provided by law duringthe fiscal year next preceding the date set for the annual election ofdirectors, and when a director, officer, or employee has been elected orselected in accordance with the provisions of this Act it shall be lawfulfor him to continue as such for one year thereafter under said electionor employment.

No bank, banking association or trust company, organized or operatingunder the laws of the United States, in any city or incorporated town orvillage of more than two hundred thousand inhabitants, as shown by thelast preceding decennial census of the United States, shall have as a directoror other officer or employee any private banker or any director or otherofficer or employee of any other bank, banking association, or trust companylocated in the same place: Provided, That nothing in this section shallapply to mutual savings banks not having a capital stock represented byshares: Provided further, That a director or other officer or employeeof such bank, banking association, or trust company may be a director orother officer or employee of not more than one other bank or trust companyorganized under the laws of the United States or any State where the entirecapital stock of one is owned by stockholders in the other: And providedfurther, That nothing contained in this section shall forbid a directorof class A of a Federal reserve bank, as defined in the Federal ReserveAct, from being an officer or director or both an officer and directorin one member bank.

That from and after two years from the date of the approval of thisAct no person at the same time shall be a director in any two or more corporations,any one of which has capital, surplus, and undivided profits aggregatingmore than $1,000,000, engaged in whole or in part in commerce, other thanbanks, banking associations, trust companies and common carriers subjectto the Act to regulate commerce, approved February fourth, eighteen hundredand eighty seven, if such corporations are or shall have been theretofore,by virtue of their business and location of operation, competitors, sothat the elimination of competition by agreement between them would constitutea violation of any of the provisions of any of the antitrust laws. Theeligibility of a director under the foregoing provision shall be determinedby the aggregate amount of the capital, surplus, and undivided profits,exclusive of dividends declared but not paid to stockholders, at the endof the fiscal year of said corporation next preceding the election of directors,and when a director has been elected in accordance with the provisionsof this Act it shall be lawful for him to continue as such for one yearthereafter.

When any person elected or chosen as a director or officer or selectedas an employee of any bank or other corporation subject to the provisionsof this Act is eligible at the time of his election or selection to actfor such bank or other corporation in such capacity his eligibility toact in such capacity shall not be affected and he shall not become or bedeemed amenable to any of the provisions hereof by reason of any changein the affairs of such bank or other corporation from whatsoever cause,whether specifically excepted by any of the provisions hereof or not, untilthe expiration of one year from the date of his election or employment.

Section 9. Every president, director, officer or manager of any firm,association or corporation engaged in commerce as a common carrier, whoembezzles, steals, abstracts or willfully misapplies, or willfully permitsto be misapplied, any of the moneys, funds, credits, securities, propertyor assets of such firm, association or corporation, arising or accruingfrom, or used in, such commerce, in whole or in part, or willfully or knowinglyconverts the same to his own use or to the use of another, shall be deemedguilty of a felony and upon conviction shall be fined not less than $500or confined in the penitentiary not less than one year nor more than tenyears, or both, in the discretion of the court.

Prosecutions hereunder may be in the district court of the United Statesfor the district wherein the offense may have been committed.

That nothing in this section shall be held to take away or impair thejurisdiction of the courts of the several States under the laws thereof;and a judgment of conviction or acquittal on the merits under the lawsof any State shall be a bar to any prosecution hereunder for the same actor acts.

Section 10. That after two years from the approval of this Act no commoncarrier engaged in commerce shall have any dealings in securities, suppliesor other articles of commerce, or shall make or have any contracts forconstruction or maintenance of any kind, to the amount of more than $50,000,in the aggregate, in any one year, with another corporation, firm, partnershipor association when the said common carrier shall have upon its board ofdirectors or as its president, manager or as its purchasing or sellingofficer, or agent in the particular transaction, any person who is at thesame time a director, manager, or purchasing or selling officer of, orwho has any substantial interest in, such other corporation, firm, partnershipor association, unless and except such purchases shall be made from, orsuch dealings shall be with, the bidder whose bid is the most favorableto such common carrier, to be ascertained by competitive bidding underregulations to be proscribed by rule or otherwise by the Interstate CommerceCommission. No bid shall be received unless the name and address of thebidder or the names and addresses of the officers, directors and generalmanagers thereof, if the bidder be a corporation, or of the members, ifit be a partnership or firm, be given with the bid.

Any person who shall, directly or indirectly, do or attempt to do anythingto prevent anyone from bidding or shall do any act to prevent free andfair competition among the bidders or those desiring to bid shall be punishedas prescribed in this section in the case of an officer or director.

Every such common carrier having any such transactions or making anysuch purchases shall within thirty days after making the same file withthe Interstate Commerce Commission a full and detailed statement of thetransaction showing the manner of the competitive bidding, who were thebidders, and the names and addresses of the directors and officers of thecorporations and the members of the firm or partnership bidding; and wheneverthe said commission shall, after investigation or hearing, have reasonto believe that the law has been violated in and about the said purchasesor transactions it shall transmit all papers and documents and its ownviews or findings regarding the transaction to the Attorney General.

If any common carrier shall violate this section it shall be fined notexceeding $25,000; and every such director, agent, manager or officer thereofwho shall have knowingly voted for or directed the act constituting suchviolation or who shall have aided or abetted in such violation shall bedeemed guilty of a misdemeanor and shall be fined not exceeding $5,000,or confined in jail not exceeding one year, or both, in the discretionof the court.

Section 11. That authority to enforce compliance with sections two,three, seven and eight of this Act by the persons respectively subjectthereto is hereby vested: in the Interstate Commerce Commission where applicableto common carriers, in the Federal Reserve Board where applicable to banks,banking associations and trust companies, and in the Federal Trade Commissionwhere applicable to all other character of commerce, to be exercised asfollows:

Whenever the commission or board vested with jurisdiction thereof shallhave reason to believe that any person is violating or has violated anyof the provisions of sections two, three, seven and eight of this Act,it shall issue and serve upon such person a complaint stating its chargesin that respect, and containing a notice of a hearing upon a day and ata place therein fixed at least thirty days after the service of said complaint.The person so complained of shall have the right to appear at the placeand time so fixed and show cause why an order should not be entered bythe commission or board requiring such person to cease and desist fromthe violation of the law so charged in said complaint. Any person may makeapplication, and upon good cause shown may be allowed by the commissionor board, to intervene and appear in said proceeding by counsel or in person.The testimony in any such proceeding shall be reduced to writing and filedin the office of the commission or board. If upon such hearing the commissionor board, as the case may be, shall be of the opinion that any of the provisionsof said sections have been or are being violated, it shall make a reportin writing in which it shall state its findings as to the facts, and shallissue and cause to be served on such person an order requiring such personto cease and desist from such violations, and divest itself of the stockheld or rid itself of the directors chosen contrary to the provisions ofsections seven and eight of this Act, if any there be, in the manner andwithin the time fixed by said order. Until a transcript of the record insuch hearing shall have been filed in a circuit court of appeals of theUnited States, as hereinafter provided, the commission or board may atany time, upon such notice and in such manner as it shall deem proper,modify or set aside, in whole or in part, any report or any order madeor issued by it under this section.

If such person fails or neglects to obey such order of the commissionor board while the same is in effect, the commission or board may applyto the circuit court of appeals of the United States, within any circuitwhere the violation complained of was or is being committed or where suchperson resides or carries on business, for the enforcement of its order,and shall certify and file with its application a transcript of the entirerecord in the proceeding, including all the testimony taken and the reportand order of the commission or board. Upon such filing of the applicationand transcript the court shall cause notice thereof to be served upon suchperson and thereupon shall have jurisdiction of the proceeding and of thequestion determined therein, and shall have power to make and enter uponthe pleadings, testimony, and proceedings set forth in such transcripta decree affirming, modifying, or setting aside the order of the commissionor board. The findings of the commission or board as to the facts, if supportedby testimony, shall be conclusive. If either party shall apply to the courtfor leave to adduce additional evidence, and shall show to the satisfactionof the court that such additional evidence is material and that there werereasonable grounds for the failure to adduce such evidence in the proceedingbefore the commission or board, the court may order such additional evidenceto be taken before the commission or board and to be adduced upon the hearingin such manner and upon such terms and conditions as to the court may seemproper. The commission or board may modify its findings as to the facts,or make new findings, by reason of the additional evidence so taken, andit shall file such modified or new findings, which, if supported by testimony,shall be conclusive, and its recommendation, if any, for the modificationor setting aside of its original order, with the return of such additionalevidence. The judgment and decree of the court shall be final, except thatthe same shall be subject to review by the Supreme Court upon certiorarias provided in section two hundred and forty of the Judicial Code.

Any party required by such order of the commission or board to ceaseand desist from a violation charged may obtain a review of such order insaid circuit court of appeals by filing in the court a written petitionpraying that the order of the commission or board be set aside. A copyof such petition shall be forthwith served upon the commission or board,and thereupon the commission or board forthwith shall certify and filein the court a transcript of the record as hereinbefore provided. Uponthe filing of the transcript the court shall have the same jurisdictionto affirm, set aside, or modify the order of the commission or board asin the case of an application by the commission or board for the enforcementof its order, and the findings of the commission or board as to the facts,if supported by testimony, shall in like manner be conclusive.

The jurisdiction of the circuit court of appeals of the United Statesto enforce, set aside, or modify orders of the commission or board shallbe exclusive.

Such proceedings in the circuit court of appeals shall be given precedenceover other cases pending therein, and shall be in every way expedited.No order of the commission or board or the judgment of the court to enforcethe same shall in any wise relieve or absolve any person from any liabilityunder the antitrust Acts.

Complaints, orders, and other processes of the commission or board underthis section may be served by anyone duly authorized by the commissionor board, either (a) by delivering a copy thereof to the person to be served,or to a member of the partnership to be served, or to the president, secretary,or other executive officer or a director of the corporation to be served;or (b) by leaving a copy thereof at the principal office or place of businessof such person; or (c) by registering and mailing a Copy thereof addressedto such person at his principal office or place of business. The verifiedreturn by the person so serving said complaint, order, or other processsetting forth the manner of said service shall be proof of the same, andthe return post-office receipt for said complaint, order, or other processregistered and mailed as aforesaid shall be proof of the service of thesame.

Section 12. That any suit, action, or proceeding under the antitrustlaws against a corporation may be brought not only in the judicial districtwhereof it is an inhabitant, but also in any district wherein it may befound or transacts business; and all process in such cases may be servedin the district of which it is an inhabitant, or wherever it may be found.

Section 13. That in any suit, action, or proceeding brought by or onbehalf of the United States subpoenas for witnesses who are required toattend a court of the United States in any judicial district in any case,civil or criminal, arising under the antitrust laws may run into any otherdistrict: Provided, That in civil cases no writ of subpoena shall issuefor witnesses living out of the district in which the court is held ata greater distance than one hundred miles from the place of holding thesame without the permission of the trial court being first had upon properapplication and cause shown.

Section 14. That whenever a corporation shall violate any of the penalprovisions of the antitrust laws, such violation shall be deemed to healso that of the individual directors, officers, or agents of such corporationwho shall have authorized, ordered, or done any of the acts constitutingin whole or in part such violation, and such violation shall be deemeda misdemeanor and upon conviction therefor of any such director, officer,or agent he shall be punished by a fine of not exceeding $5,000 or by imprisonmentfor not exceeding one year, or by both, in the discretion of the court.

Section 15. That the several district courts of the United States arehereby invested with jurisdiction to prevent and restrain violations ofthis Act, and it shall be the duty of the several district attorneys ofthe United States, in their respective districts, under the direction ofthe Attorney General, to institute proceedings in equity to prevent. andrestrain such violations. Such proceedings may be by way of petition settingforth the case and praying that such violation shall be enjoined or otherwiseprohibited. When the parties complained of shall have been duly notifiedof such petition, the court shall proceed, as soon as may be, to the hearingand determination of the case; and pending such petition, and before finaldecree, the court may at any time make such temporary restraining orderor prohibition as shall be deemed just in the premises. Whenever it shallappear to the court before which any such proceeding may be pending thatthe ends of justice require that other parties should be brought beforethe court, the court may cause them to be summoned, whether they residein the district in which the court is held or not, and subpoenas to thatend may be served in any district by the marshal thereof.

Section 16. That any person, firm, corporation, or association shallbe entitled to sue for and have injunctive relief, in any court of theUnited States having jurisdiction over the parties, against threatenedloss or damage by a violation of the antitrust laws, including sectionstwo, three, seven and eight of this Act, when and under the same conditionsand principles as injunctive relief against threatened conduct that willcause loss or damage is granted by courts of equity, under the rules governingsuch proceedings, and upon the execution of proper bond against damagesfor an injunction improvidently granted and a showing that the danger ofirreparable loss or damage is immediate, a preliminary injunction may issue:Provided, That nothing herein contained shall be construed to entitle anyperson, firm, corporation, or association, except the United States, tobring suit in equity for injunctive relief against any common carrier subjectto the provisions of the Act to regulate commerce, approved February fourth,eighteen hundred and eighty-seven, in respect of any matter subject tothe regulation, supervision. or other jurisdiction of the Interstate CommerceCommission.

Section 17. That no preliminary injunction shall be issued without noticeto the opposite party.

No temporary restraining order shall be granted without notice to theopposite party unless it shall clearly appear from specific facts shownby affidavit or by the verified bill that immediate and irreparable injury,loss, or damage will result to the applicant before notice can be servedand a hearing had thereon. Every such temporary restraining order shallbe indorsed with the date and hour of issuance, shall be forthwith filedin the clerks office and entered of record, shall define the injury andstate why it is irreparable and why the order was granted without notice,and shall by its terms expire within such time after entry, not to exceedten days, as the court or judge may fix, unless within the time so fixedthe order is extended for a like period for good cause shown, and the reasonsfor such extension shall be entered of record. In case a temporary restrainingorder shall be granted without notice in the contingency specified, thematter of the issuance of a preliminary injunction shall be set down fora hearing at the earliest possible time and shall take precedence of allmatters except older matters of the same character; and when the same comesup for hearing the party obtaining the temporary restraining order shallproceed with the application for a preliminary injunction, and if he doesnot do so the court shall dissolve the temporary restraining order. Upontwo days notice to the party obtaining such temporary restraining orderthe opposite party may appear and move the dissolution or modificationof the order, and in that event the court or judge shall proceed to hearand determine the motion as expeditiously as the ends of justice may require.

Section two hundred and sixty-three of an Act entitled "An Act to codify,revise, and amend the laws relating to the judiciary," approved March third,nineteen hundred and eleven, is hereby repealed.

Nothing in this section contained shall be deemed to alter, repeal,or amend section two hundred and sixty-six of an Act entitled "An Act tocodify, revise, and amend the laws relating to the judiciary," approvedMarch third, nineteen hundred and eleven.

Section 18. That, except as otherwise provided in section 16 of thisAct, no restraining order or interlocutory order of injunction shall issue,except upon the giving of security by the applicant in such sum as thecourt or judge may deem proper, conditioned upon the payment of such costsand damages as may be incurred or suffered by any party who may be foundto have been wrongfully enjoined or restrained thereby.

Section 19. That every order of injunction or restraining order shallset forth the reasons for the issuance of the same, shall be specific interms, and shall describe in reasonable detail, and not by reference tothe bill of complaint or other document, the act or acts sought to be restrained,and shall be binding only upon the parties to the suit, their officers,agents, servants, employees, and attorneys, or those in active concertor participating with them, and who shall, by personal service or otherwise,have received actual notice of the same.

Section 20. That no restraining order or injunction shall be grantedby any court of the United States, or a judge or the judges thereof, inany case between an employer and employees, or between employers and employees,or between employees, or between persons employed and persons seeking employment,involving, or growing out of, a dispute concerning terms or conditionsof employment, unless necessary to prevent irreparable injury to property,or to a property right, of the party making the application, for whichinjury there is no adequate remedy at law, and such property or propertyright must be described with particularity in the application, which mustbe in writing and sworn to by the applicant or by his agent or attorney.

And no such restraining order or injunction shall prohibit any personor persons, whether singly or in concert, from terminating any relationof employment, or from ceasing to perform any work or labor, or from recommending,advising, or persuading others by peaceful means so to do; or from attendingat any place where any such person or persons may lawfully be, for thepurpose of peacefully obtaining or communicating information, or from peacefullypersuading any person to work or to abstain from working; or from ceasingto patronize or to employ any party to such dispute, or from recommending,advising, or persuading others by peaceful and lawful means so to do; orfrom paying or giving to, or withholding from, any person engaged in suchdispute, any strike benefits or other moneys or things of value; or frompeaceably assembling in a lawful manner, and for lawful purposes; or fromdoing any act or thing which might lawfully be done in the absence of suchdispute by any party thereto; nor shall any of the acts specified in thisparagraph be considered or held to be violations of any law of the UnitedStates.

Section 21. That any person who shall willfully disobey any lawful writ,process, order, rule, decree, or command of any district court of the UnitedStates or any court of the District of Columbia by doing any act or thingtherein, or thereby forbidden to be done by him, if the act or thing sodone by him be of such character as to constitute also a criminal offenseunder any statute of the United States, or under the laws of any Statein which the act was committed, shall be proceeded against for his saidcontempt as hereinafter provided.

Section 22. That whenever it shall be made to appear to any districtcourt or judge thereof, or to any judge therein sitting, by the returnof a proper officer on lawful process, or upon the affidavit of some credibleperson, or by information filed by any district attorney, that there isreasonable ground to believe that any person has been guilty of such contempt,the court or judge thereof, or any judge therein sitting, may issue a rulerequiring the said person so charged to show cause upon a day certain whyhe should not be punished therefor, which rule, together with a copy ofthe affidavit or information, shall be served upon the person charged,with sufficient promptness to enable him to prepare for and make returnto the order at the time fixed therein. If upon or by such return, in thejudgment of the court, the alleged contempt be not sufficiently purged,a trial shall be directed at a time and place fixed by the court: Provided,however, That if the accused, being a natural person, fail or refuse tomake return to the rule to show cause, an attachment may issue againsthis person to compel an answer, and in case of his continued failure orrefusal, or if for any reason it be impracticable to dispose of the matteron the return day, he may be required to give reasonable bail for his attendanceat the trial and his submission to the final judgment of the court. Wherethe accused is a body corporate, an attachment for the sequestration ofits property may be issued upon like refusal or failure to answer.

In all cases within the purview of this Act such trial may be by thecourt, or, upon demand of the accused, by a jury; in which latter eventthe court may impanel a jury from the jurors then in attendance, or thecourt or the judge thereof in chambers may cause a sufficient number ofjurors to be selected and summoned, as provided by law, to attend at thetime and place of trial, at which time a jury shall be selected and impaneledas upon a trial for misdemeanor; and such trial shall conform, as nearas may be, to the practice in criminal cases prosecuted by indictment orupon information.

If the accused be found guilty, judgment shall be entered accordingly,prescribing the punishment, either by fine or imprisonment, or both, inthe discretion of the court. Such fine shall be paid to the United Statesor to the complainant or other party injured by the act constituting thecontempt, or may, where more than one is so damaged, be divided or apportionedamong them as the court may direct, but in no case shall the fine to bepaid to the United States exceed, in case the accused is a natural person,the sum of $1,000, nor shall such imprisonment exceed the term of six months:Provided, That in any case the court or a judge thereof may, for good causeshown, by affidavit or proof taken in open court or before such judge andfiled with the papers in the case, dispense with the rule to show cause,and may issue an attachment for the arrest of the person charged with contempt;in which event such person, when arrested, shall be brought before suchcourt or a judge thereof without unnecessary delay and shall be admittedto bail in a reasonable penalty for his appearance to answer to the chargeor for trial for the contempt; and thereafter the proceedings shall bethe same as provided herein in case the rule had issued in the first instance.

Section 23. That the evidence taken upon the trial of any persons soaccused may be preserved by bill of exceptions, and any judgment of convictionmay be reviewed upon writ of error in all respects as now provided by lawin criminal cases, and may be affirmed, reversed, or modified as justicemay require. Upon the granting of such writ of error, execution of judgmentshall be stayed, and the accused, if thereby sentenced to imprisonment,shall be admitted to bail in such reasonable sum as may be required bythe court, or by any justice, or any judge of any district court of theUnited States or any court of the District of Columbia.

Section 24. That nothing herein contained shall be construed to relateto contempts committed in the presence of the court, or so near theretoas to obstruct the administration of justice, nor to contempts committedin disobedience of any lawful writ, process, order, rule, decree or commandentered in any suit or action brought or prosecuted in the name of, oron behalf of, the United States, but the same, and all other cases of contemptnot specifically embraced within section twenty-one of this Act, may bepunished in conformity to the usages at law and in equity now prevailing.

Section 25. That no proceeding for contempt shall be instituted againstany person unless begun within one year from the date of the act complainedof; nor shall any such proceeding be a bar to any criminal prosecutionfor the same act or acts; but nothing herein contained shall affect anyproceedings in contempt pending at the time of the passage of this Act.

Section 26. If any clause, sentence, paragraph, or part of this Actshall, for any reason, be adjudged by any court of competent jurisdictionto be invalid, such judgment shall not affect, impair, or invalidate theremainder thereof, but shall be confined in its operation to the clause,sentence, paragraph, or part thereof directly involved in the controversyin which such judgment shall have been rendered.

 

 

3[16]

1933 ()

1934 . (Communication Act of 1934) (P.L. 416 19 1934 .), .. , . .

- (Patman-Robinson Price Discrimination Chain Store Act) (P.L. 692 19 1936 .), , .

- (Miller-Tydings Resale Price Maintenance Act) (P.L. 314 17 1937 .), , .

- (Wheeler-Lea Act) (P.L. 447 21 1938 .), .

- (Walter-McCarran Act) (P.L. 15





:


: 2015-08-18; !; : 550 |


:

:

, .
==> ...

1540 - | 1394 -


© 2015-2024 lektsii.org - -

: 0.141 .