Page:United States Statutes at Large Volume 38 Part 1.djvu/750

This page needs to be proofread.

SIXTY-THIRD CONGRESS. Sess. II. Ch. 323. 1914. 73]. commerce from selecting their own customers in bona. fide transactions and not in restraint of trade. mw Sa etc Sec. 3. That it shall be imlawful for any person in com- mam; tmcaifser mit merce, in the course of such commerce, to ease or e a sale or '{,'g,,,°§‘;,S§°?u_‘}°,_,;’,{,L°°m‘ contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether pgtented or unpatented, or use consumption or resale within the nited States or any Territoiz thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a. price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machineiiy, supplies or other commodities of a competitor or competitors of the m H lessor or seller, where the effect of such lease, sale, or contract for sale m¤,$Zf°l°°°°mp° ` or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce. Sec. 4. That any person who shall be injured in his business or aaIti°°i°»Y—ii’gs°f:¤t:`t°i¤iZ property by reason of anything forbidden in the antitrust laws may {§?§§,'f’ ““*“'°""*‘* sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attomgs fee. _ D of mmm Sec. That a al judgment or decree hereafter renderedbm ?1y gpg? tgggztagg crimin rosecution or in an suit or roceed1ng_ in equity rou t §,,,d,,,_,,n°,,,,,,u,,,,_ b or on behalf of the UnitedyStates uriiler the antitrust laws to the egect that a defendant has violated said laws shall be prima facie evidence against such ddendant in an suit or proceeding brought by any other party against such defendant under said laws as to all matters respecting which said judgment or decree would be an estoppel _ as between the parties thereto: rmrtkd, This section shall not apply §,f°,,,{"?,j’{· ,,,dg,,,,_,,,,, to consent judgments or decrees entered before any testimony as •!g°el;t&‘;· {mw been taken: Provided further, This section shall not apply to consent ms. g P judgments or decrees in criminal proceedings or suits in equity, now pending, in which the taking of testimony as been commenced but has not been concluded, provided suc Jpdgments or decrees are rendered before any further testimony is then. _ Bm u I mmf Whenever any suit or proceeding in equity or criminal prosecution m,,s_ “ ° is instituted by the United States to prevent, restrain or punish '°3’({*v:'r§ violations of any of the antitrust laws, the running of the statute of me¤¤s¤np¤¤<M¤:- limitations in respect of each and every private right of action arising under said laws and based in whole or in pgrt on ang matter complained of in said suit or proceeding shall suspen ed during the pendency thereof. Sec. 6. That the labor of a human being is not a commodity or ,,,&’§f,,§,_°° “ °°“" article of commerce. Nothing contained in the antitrust laws shall ¤{;g:·§'a0g*g;rbQ'd8g‘$ be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the {purposes of mutual help, and not having capital stock or conducted or profit, or R ts O, mdmdm, to forbid or restrain indivi ual members of such organizations from median. lawfully carrying out the legitimate objects thereo ; nor shall such u°¥;,g¤“*Y¤f¤*s¤¤¤¤- organizations, or the members thereof, be held or construed to be ' illegal combinations or conspiracies in restraint of trade, under the mgltwst lglllisat ed hall N °°"¤° “° my Ec. 7. no co ration e in commerce s acquire, ,*},,9 5,0*;*,, Q} _ direct] or indirectly, tgjwhole ornagnayg art of the stock or other share szliosntgéswn <=¤¤¤i:¤- ca italy of another corporation engaged) also in commerce, where the °’ ' eiipect of such acquisition may be to substantially lessen competition