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Clayton Antitrust Act of 1914

The Clayton Antitrust Act of 1914 (Pub. L.Tooltip Public Law (United States) 63–212, 38 Stat. 730, enacted October 15, 1914, codified at 15 U.S.C. §§ 1227, 29 U.S.C. §§ 5253), is a part of United States antitrust law with the goal of adding further substance to the U.S. antitrust law regime; the Clayton Act seeks to prevent anticompetitive practices in their incipiency. That regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices that were harmful to consumers (monopolies, cartels, and trusts). The Clayton Act specified particular prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures. Like the Sherman Act, much of the substance of the Clayton Act has been developed and animated by the U.S. courts, particularly the Supreme Court.

between different purchasers if such a discrimination substantially lessens competition or tends to create a monopoly in any line of commerce (Act Section 2, codified at 15 U.S.C. § 13);

price discrimination

sales on the condition that (A) the buyer or lessee not deal with the competitors of the seller or lessor ("") or (B) the buyer also purchase another different product ("tying") but only when these acts substantially lessen competition (Act Section 3, codified at 15 U.S.C. § 14);

exclusive dealings

where the effect may substantially lessen competition (Act Section 7, codified at 15 U.S.C. § 18) or where the voting securities and assets threshold is met (Act Section 7a, codified at 15 U.S.C. § 18a);

mergers and acquisitions

any person from being a of two or more competing corporations, if those corporations would violate the antitrust criteria by merging (Act Section 8; codified 1200 at 15 U.S.C. § 19).

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Exemptions[edit]

An important difference between the Clayton Act and its predecessor, the Sherman Act, is that the Clayton Act contained safe harbors for union activities. Section 6 of the Act (codified at 15 U.S.C. § 17) exempts labor unions and agricultural organizations, saying "that the labor of a human being is not a commodity or article of commerce, and permit[ting] labor organizations to carry out their legitimate objective". Therefore, boycotts, peaceful strikes, peaceful picketing, and collective bargaining are not regulated by this statute. Injunctions could be used to settle labor disputes only when property damage was threatened. The AFL strongly supported Section 6 of the Act, with AFL head Samuel Gompers describing the law as "Labor's Magna Charta" or "Bill of Rights."[2]


The Supreme Court ruled in the 1922 case Federal Baseball Club v. National League that Major League Baseball was not "interstate commerce" and thus was not subject to federal antitrust law.

Enforcement[edit]

Procedurally, the Act empowers private parties injured by violations of the Act to sue for treble damages under Section 4 and injunctive relief under Section 16. The Supreme Court has held that divestiture is a form of "injunctive relief" authorized by Section 16.[3]


Under the Clayton Act, only civil suits could be brought to the court's attention and a provision "permits a suit in the federal courts for three times the actual damages caused by anything forbidden in the antitrust laws",[4] including court costs and attorney's fees.


The Act is enforced by the Federal Trade Commission, which was also created and empowered during the Wilson Presidency by the Federal Trade Commission Act, and also the Antitrust Division of the U.S. Department of Justice.

Celler–Kefauver Act

Hart–Scott–Rodino Antitrust Improvements Act

Internet Freedom and Nondiscrimination Act of 2006

Robinson–Patman Act

Sherman Antitrust Act

United States v. Continental Can Co.

Louis B. Boudin, "Organized Labor and the Clayton Act: Part I," Virginia Law Review, vol. 29, no. 3 (Dec. 1942), pp. 272–315.

In JSTOR

Louis B. Boudin, "Organized Labor and the Clayton Act: Part II," Virginia Law Review, vol. 29, no. 4 (Jan. 1943), pp. 395–439.

In JSTOR

as amended (PDF/details) in the GPO Statute Compilations collection

Clayton Act

(PDF)

Brief History of the Federal Trade Commission

. Pearson Education. Retrieved 19 January 2012.

"Clayton Antitrust Act"

How-does-the-Clayton-Antitrust-Act-differ-from-the-Sherman-Antitrust-Act

Congressional Research Service, September 27, 2017.

Pre-Merger Review and Challenges Under the Clayton Act and the Federal Trade Commission Act

(PDF)

Why Did The Clayton Act Pass? An Analysis of the Interest Group Hypothesis