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15 U.S.C. § 62Export trade and antitrust legislation

submitted 108 years ago by ch. 50 to r/title-15-COMMERCE-AND-TRADE · 149 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Sherman Act's ban on trusts doesn't apply to groups formed only to do export trade. But the group, its agreements, and its actions can't restrain trade inside the U.S. or hurt a domestic competitor's exports. It also can't rig prices in the U.S. or weaken competition here.

This section protects certain export associations from being called illegal under the Sherman Act — the main U.S. law against trusts and monopolies. An association is protected if it was formed for the sole purpose of engaging in export trade, and it is actually engaged solely in that export trade. Agreements it makes or acts it takes in the course of export trade are also protected. But there are limits. The association, agreement, or act must not restrain trade within the United States. It must not restrain the export trade of any domestic competitor of the association either. There's also a 'Provided' clause with its own conditions: the association must not, in the United States or anywhere else, enter into any agreement, understanding, or conspiracy, or do any act, that artificially or intentionally raises or lowers U.S. prices of the kind of goods the association exports. It also must not substantially lessen competition within the United States or otherwise restrain trade here. If an association crosses any of these lines, it loses the protection this section gives.
the actual law source: uscode.house.gov ↗public domain

Nothing contained in the Sherman Act [15 U.S.C. 1 et seq.] shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and actually engaged solely in such export trade, or an agreement made or act done in the course of export trade by such association, provided such association, agreement, or act is not in restraint of trade within the United States, and is not in restraint of the export trade of any domestic competitor of such association: Provided, That such association does not, either in the United States or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein.

Source credit: (Apr. 10, 1918, ch. 50, § 2, 40 Stat. 517.)

history & why it existsrecord from the source credit
  • 1918Enacted · Act of Apr. 10, 1918, ch. 50 · 40 Stat. 517

A history note hasn’t been published yet. The record shows enactment by ch. 50 on 1918-04-10.

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