Droit

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Droit comparé 5, droit de la concurrence

 The Sherman Antitrust Act (1890)

Section 1. Trusts, etc., in restraint of trade illegal ; penalty

Every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce among the several
States, or with foreign nations, is declared to be illegal. Every
person who shall make any contract or engage in any combination or
conspiracy hereby declared to be illegal shall be deemed guilty of
a felony, and, on conviction thereof, shall be punished by fine
not exceeding $10,000,000 if a corporation, or, if any other
person, $350,000, or by imprisonment not exceeding three years,
or by both said punishments, in the discretion of the court.

Section 2. Monopolizing trade a felony ; penalty

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 among the several States, or with
foreign nations, shall be deemed guilty of a felony, and, on
conviction thereof, shall be punished by fine not exceeding
$10,000,000 if a corporation, or, if any other person, $350,000, or
by imprisonment not exceeding three years, or by both said
punishments, in the discretion of the court.

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

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 $10,000,000 if a corporation, or,
if any other person, $350,000, or by imprisonment not exceeding
three years, or both said punishments, in the discretion of the
court.

Section 4. Jurisdiction of courts ; duty of United States
attorneys ; procedure

The several district courts of the United States are invested with
jurisdiction to prevent and restrain violations of sections 1 to 7
of this title ; and it shall be the duty of the several United
States attorneys, in their respective districts, under the
direction of the Attorney General, to institute proceedings in
equity to prevent and restrain such violations. Such proceedings
may be by way of petition setting forth the case and praying that
such violation shall be enjoined or otherwise prohibited. When
the parties complained of shall have been duly notified of such
petition the court shall proceed, as soon as may be, to the
hearing and determination of the case ; and pending such petition
and before final decree, the court may at any time make such
temporary restraining order or prohibition as shall be deemed
just in the premises.

Section 5. Bringing in additional parties

Whenever it shall appear to the court before which any proceeding
under section 4 of this title may be pending, that the ends of
justice require that other parties should be brought before the
court, the court may cause them to be summoned, whether they reside
in the district in which the court is held or not ; and subpoenas to
that end may be served in any district by the marshal thereof.

Section 6. Forfeiture of property in transit

Any property owned under any contract or by any combination, or
pursuant to any conspiracy (and being the subject thereof) mentioned
in section 1 of this title, and being in the course of
transportation from one State to another, or to a foreign country,
shall be forfeited to the United States, and may be seized and
condemned by like proceedings as those provided by law for the
forfeiture, seizure, and condemnation of property imported into the
United States contrary to law.

Section 6a. Conduct involving trade or commerce with foreign nations

Sections 1 to 7 of this title shall not apply to conduct involving
trade or commerce (other than import trade or import commerce) with
foreign nations unless -

(1) such conduct has a direct, substantial, and reasonably
foreseeable effect -

(A) on trade or commerce which is not trade or commerce with
foreign nations, or on import trade or import commerce
with foreign nations ; or

(B) on export trade or export commerce with foreign nations,
of a person engaged in such trade or commerce in the
United States ; and

(2) such effect gives rise to a claim under the provisions
of sections 1 to 7 of this title, other than this section.

If sections 1 to 7 of this title apply to such conduct only because
of the operation of paragraph (1)(B), then sections 1 to 7 of this
title shall apply to such conduct only for injury to export
business in the United States.

Section 7. "Person" or "persons" defined

The word "person", or "persons", wherever used in sections 1 to 7 of
this title 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.