谢尔曼反托拉斯法(1890
Sherman Anti-Trust Act (1890)

原始链接: https://www.archives.gov/milestone-documents/sherman-anti-trust-act

1890年7月2日颁布的该法宣布限制州际或对外贸易的合同、联合或阴谋为非法,并禁止垄断或企图垄断。它将类似规则延伸至美国领土与华盛顿特区。违规行为为轻罪,可处以最高5,000美元罚款、最高一年监禁或两者并罚。联邦巡回法院可发出禁制令与限制令;检察官在司法部长领导下必须提起衡平诉讼。根据非法协议跨州运输的财产可被没收。受损方可就三倍损害赔偿及诉讼费用与合理律师费向联邦巡回法院提起诉讼,无论争议金额多少。术语“人”包括公司与协会。

该帖讨论了1890年的《谢尔曼反托拉斯法》,指出其措辞模糊且早期被最高法院弱化,评论者争论反垄断是否取得有意义成果。一些人引用AT&T拆分、微软审查以及欧盟针对Internet Explorer的行动作为有影响力案例,而另一些人认为执行困难,行业特定监管可能更实用。主要话题涉及并购:参与者区分竞争性增长与反竞争性整合,引用Facebook收购Instagram/WhatsApp、Google的收购和市场动态。对基于规模的法定拆分规则是否有利于或损害消费者存在不同看法。其他评论涉及公司治理、并购审查标准和国际垄断。后续题外话将反垄断与Anthropic限制某些模型能力联系起来;评论者对这是否反竞争存在分歧。总体而言,讨论反映出在复杂、网络化市场中界定和监管垄断的不确定性。
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原文

Fifty-first Congress of the United States of America, At the First Session,

Begun and held at the City of Washington on Monday, the second day of December, one thousand eight hundred and eighty-nine.

An act to protect trade and commerce against unlawful restraints and monopolies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Sec. 1. Every contract, combination in the form of trust or other- wise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, at the discretion of the court.

Sec. 2. 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 misdemeanor, and, on conviction thereof; shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

Sec. 3. 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 hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

Sec. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, 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.

Sec. 5. Whenever it shall appear to the court before which any proceeding under section four of this act 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.

Sec. 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this act, 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.

Sec. 7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without. respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.

Sec. 8. That the word "person," or " persons," wherever used in this act 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.

Approved, July 2, 1890.

[Endorsements]

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