Such private actions may be for treble damages andor

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enforcement actions by aggrieved private parties as well as by the Department of Justice and the FTC. Such private actions may be for treble damages and/or, where appropriate, injunctive relief, and have long been a major part of U.S. antitrust practice. There is also antitrust legislation in most States. The authorities noted that the bulk of U.S. commerce is subject to anti-trust legislation. 2. The Sherman Antitrust Act outlaws all contracts, combinations, and conspiracies that restrain trade among the states or with foreign countries, including price-fixing agreements, bid rigging, and 173 22 U.S.C. 2751. 174 OFAC online information. Available at: http://www.treas.gov/offices/enforcement/ofac/index. html. 175 The Sanctions programme and the List of countries are available online at http:// www.treas.gov/ offices/eotffc/ofac/sanctions/index.html. 176 U.S. anti-trust legislation is presented in detail in WTO (1999), Chapter III(4)(vii).
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WT/TPR/S/126 Trade Policy Review Page 75 agreements between competitors to allocate customers, as well as the monopolization of trade among the states or with foreign countries. The Sherman Act and FTC Act do not apply to conduct involving trade or commerce, other than import trade or commerce, with foreign nations unless the conduct has a direct, substantial, and reasonably foreseeable effect on domestic or import commerce or on export trade or commerce. Where jurisdiction is based on export trade or commerce the antitrust laws apply to that conduct "only for injury to export business in the United States." (15 U.S.C. Section 6a (1) (1994). 3. The Clayton Act prohibits mergers and acquisitions and other types of conduct that may be likely to lessen competition substantially. Section 2 of the Clayton Act, also known as the Robinson- Patman Act, outlaws certain domestic price discrimination for goods (except for non-profit institutions). Section 3 of the Act prohibits the lease or sale of goods or commodities conditioned upon the purchaser's agreement not to use the products of a competitor, if this activity leads to lessening competition or to creating a monopoly. Section 7 of the Clayton Act prohibits any merger or acquisition of stock or assets that lessens competition substantially, or tends to create a monopoly. Section 7A of the Clayton Act, called the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), contains provisions to facilitate enforcement of antitrust laws with respect to anti- competitive mergers and acquisitions. Lawsuits under the Clayton Act may be brought in any district court of the United States in which the defendant is found or transacts business (15 U.S.C. 12); the Act allows for the recovery of threefold the damage inflicted to the aggravated party plus the cost of the suit. Foreign individuals or companies are granted national treatment and may sue for the same amount; foreign states, however, may recover only an amount equal to the damage inflicted plus the cost of the lawsuit.
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