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CRIMINAL PENALTY

Sec. 6. (a) Section 1505, title 18, United States Code, is amended to read as follows:

“$ 1505. Obstruction of proceedings before departments, agencies,

and committees

“Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress; or

“Whoever injures any party or witness in his person or property, on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or

"Whoever, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any civil investigative demand duly and properly made under the Antitrust Civil Process Act willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of such demand; or

"Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before such department or agency of the United States, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress

“Shall be fined not more than $5,000 or imprisoned not more than five years, or both.”

(b) The analysis of chapter 73 of title 18 of United States Code is amended so that the title of section 1505 shall read therein as follows: "1505. Obstruction of proceedings before departments, agencies, and

committees.

SAVING PROVISION

Sec. 7. Nothing contained in this Act shall impair the authority of the Attorney General, the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, or any antitrust investigator to (a) lay before any grand jury impaneled before any district court of the United States any evidence concerning any alleged antitrust violation, (b) invoke the power of any such court to compel the production of any evidence before any such grand jury, or (c) institute any proceeding for the enforcement of any order or process issued in execution of such power, or to punish disobedience of any such order or process by any person, including a natural person.

Approved September 19, 1962.

V. RELATED LAWS

AUTOMOBILE DEALERS ACT 187

PUBLIC LAW 1026, 84TH CONGRESS, 2D SESSION (REQUIREMENT OF GOOD FAITH IN

AUTOMOBILE MANUFACTURER-DEALER RELATIONS)

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SEC. 1. (a) The term “automobile manufacturer" shall mean any person, partnership, corporation, association, or other form of business enterprise engaged in the manufacturing or assembling of passenger cars, trucks, or station wagons, including any person, partnership, or corporation which acts for and is under the control of such manufacturer or assembler in connection with the distribution of said automotive vehicles.

(b) The term "franchise" shall mean the written agreement or contract between any automobile manufacturer engaged in commerce and any automobile dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract.

(c) The term “automobile dealer” shall mean any person, partnership, corporation, association, or other form of business enterprise resident in the United States or in any Territory thereof or in the District of Columbia operating under the terms of a franchise and engaged in the sale or distribution of passenger cars, trucks, or station wagons.

(d) The term "commerce” shall mean commerce among the several States of the United States or with foreign nations, or any Territory of the United States or in the District of Columbia, or among the Territories or between any Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.

(e) The term "good faith" shall mean the duty of each party to any franchise, and all officers, employees, or agents thereof to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: Provided, That recommendation, endorsement, exposition, persuasion, urging or argument shall not be deemed to constitute a lack of good faith.

Sec. 2. An automobile dealer may bring suit against any automobile manufacturer engaged in commerce, in any district court of the United States in the district in which said manufacturer resides, or is found, or has an agent, without respect to the amount in controversy, and shall recover the damages by him sustained and the cost of suit by reason of the failure of said automobile manufacturer from and after the passage of this Act to act in good faith in performing or complying with any of the terms or provisions of the franchise, or in terminating, canceling, or not renewing the franchise with said dealer: Provided,

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187 Aug. 8, 1956, 70 Stat. 1125, 15 U.S.C. 1221 ff.

That in any such suit the manufacturer shall not be barred from asserting in defense of any such action the failure of the dealer to act in good faith.

Sec. 3. Any action brought pursuant to this Act shall be forever barred unless commenced within three years after the cause of action shall have accrued.

SEC. 4. No provision of this Act shall repeal, modify, or supersede, directly or indirectly, any provision of the antitrust laws of the United States.

Sec. 5. This Act shall not invalidate any provision of the laws of any State except insofar as there is a direct conflict between an express provision of this Act and an express provision of State law which cannot be reconciled.

PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930 188 Sec. 2. It shall be unlawful in or in connection with any transaction in interstate or foreign commerce

(1) For any commission merchant, dealer, or broker to engage in or use any unfair, unreasonable, discriminatory, or deceptive practice in connection with the weighing, counting, or in any way determining the quantity of any perishable agricultural commodity received, bought, sold, shipped, or handled in interstate or foreign commerce;

PUBLIC LAW 906, 81st CONGRESS, 2D SESSION 189 (Prohibiting transportation of gambling devices in interstate and

foreign commerce) SEC. 2. *** Nothing in this Act shall be construed to interfere with or reduce the authority, or the existing interpretations of the authority, of the Federal Trade Commission under the Federal Trade Commission Act, as amended (15 U.S.C. 4158).

TECHNICAL AMENDMENTS ACT OF 1958 190

SEC. 58.191 AMOUNTS RECEIVED AS DAMAGES FOR INJURIES UNDER

THE ANTITRUST LAWS. (a) LIMITATION ON Tax.—Part I of subchapter Q of chapter 1 (relating to income attributable to several taxable years) is amended by renumbering section 1306 as 1307, and by inserting after section 1305 the following new section:

"SEC. 1306. DAMAGES FOR INJURIES UNDER THE ANTITRUST LAWS.

"If an amount representing damages is received or accrued during a taxable year as a result of an award in, or settlement of, a civil action brought under section 4 of the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914 (commonly known as the Clayton Act), for injuries sustained by the taxpayer in his business or property by reason of anything forbidden in the antitrust laws, then the tax attributable to the inclusion of such amount in gross income for the taxable year shall not be greater than the aggregate of the increases in taxes which would have resulted if such amount had been included in gross income in equal installments for each month during the period in which such injuries were sustained by the taxpayer.

188 As amended, June 29, 1940, sec. 3, 54 Stat. 696 ; 7 U.S.C. 499b (1) ; Public Law 686, 76th Cong:

189 Jan. 2, 1951, 64 Stat. 1134 ; 15 U.S.C. 1171 ff, at 1172. 190 72 Stat. 1066 ff. ; 26 U.S.C. 1–1552 ; Public Law 85-666. 191 As added Sept. 2, 1958, sec. 58, 72 Stat. 1646 ; 26 U.S.C. 1306 ; Public Law 80-866.

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(c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to taxable years ending after the date of the enactment of this Act, but only with respect to amounts received or accrued after such date as a result of awards or settlements made after such date.

PUBLIC LAW No. 534, 74TH CONGRESS, 2D SESSION 192

AN ACT Relating to compacts and agreements among States in which tobacco

is produced providing for the control of production of, or commerce in, tobacco in such States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress of the United States of America hereby consents that any of the States in which tobacco is produced may negotiate a compact or compacts for the purpose of regulating and controlling the production of, or commerce in, any one or more kinds of tobacco therein: Provided, That all State acts authorizing such compact or compacts shall be essentially uniform and in no way conflicting: Provided further, That any compact, compacts, agreement, or agreements negotiated and agreed upon by the States referred to in the Act of the General Assembly of Virginia, approved March 13, 1936 (known as the Tobacco Control Act), or by any other State or States producing any type or types of tobacco referred to in said Act, which is in conformity with said Act and relating to the type or types of tobacco specifically referred to in said Act, shall become effective to the extent and in the manner provided for in said Act without further consent or ratification on the part of the Congress of the United States of America: Provided, however, That nothing herein contained shall be construed as preventing the Congress of the United States of America from hereafter withdrawing its consent to any compact or agreement entered into pursuant to this Act: Provided further, That nothing in this Act shall be construed to grant the consent of Congress to negotiate any compact for regulating or controlling the production of, or commerce in, tobacco for the purpose of fixing the price thereof, or to create or perpetuate monopoly, or to promote regimentation, but such consent shall be limited to compacts for the regulation and control of production of, or commerce in, tobacco in order thereby to enable growers to receive a fair price for such tobacco.

192 April 25, 1936, sec. 1, 49 Stat. 1239, 7 U.S.C. 515.

Rubber PRODUCING FACILITIES DISPOSAL ACT 193

SEC. 8. (a) Upon the termination of the transfer period, the operating agency last designated by the President, shall, as promptly as possible consistent with sound operating procedures, take out of production and place in adequate standby condition thé rubber-producing facilities which shall not have been sold. At any time after the termination of production, such facilities may be transferred without reimbursement or transfer of funds to the General Services Administration and administered in accordance with the provisions of sections 6, 7, and 8 of the National Industrial Reserve Act of 1948, as amended (62 Stat. 1227, 50 U.S.C. 456-458), or to such other agency as the President may designate for administration in such manner as he may direct. In such event (1) no such facility shall thereafter be operated as a rubber-producing facility for the account of, or by, the Government except pursuant to further Act of Congress; (2) no such facility, other than alcohol-butadiene facilities, shall be leased for operation as a rubber-producing facility at any time: Provided, That nothing contained in this Act shall preclude the leasing of alcoholbutadiene facilities for purposes other than the manufacture of alcohol butadiene so long as such leases are in accordance with the provisions of section 8(a) or section 9(f) of this Act; and (3) no such facility shall be disposed of by sale within a period of three years from the termination of the transfer period, and in any subsequent lease or sale, the Government agency acting under authority of this section shall within a reasonable time and in no event less than sixty days prior to the lease or sale, request the advice of the Attorney General as to whether the proposed lease or sale would tend to create or maintain a situation inconsistent with the antitrust laws. The Attorney General shall give his advice within forty-five days of the receipt of such request. Upon the request of the Attorney General, the Government agency shall furnish, or cause to be furnished, such information as it may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice called for by this section.

SEC. 2. Nothwithstanding the provisions of section 3(d) of the Rubber Producing Facilities Disposal Act of 1953, the Rubber Producing Facilities Disposal Commission (hereinafter referred to as the "Commission"), before submission to the Congress of its report relative to the Louisville plant, shall submit it to the Attorney General, who shall, within seven days after receiving the report, advise the Commission whether, in his opinion, the proposed disposition, if carried out, will violate the antitrust laws.

Sec. 4.19

(b) Nothwithstanding the provisions of section 8(a) (3) and 9(f) of th Rubber Producing Facilities Disposal Act of 1953 relating to the period for review by the Attorney General, the Commission, before submission to the Congress of a lease or lease extension relative to the

194 * * *

193 Aug. 7. 1953, sec. 8(a), 67 Stat. 411, 50 U.S.C. App. 1941 f. (Supp. V); Public Law 205, 83d Cong: By Act of Aug. 30, 1961, Public Law 87–190, 75 Stat. 418, the Administrator of General Services was designated to administer the contracts of sale of the Government-owned rubber producing facilities made pursuant to this Act. All the records, assets, and liabilities of the Rubber Producing Facilities Disposal Commission were transferred to the Administrator of General Services and the Commission was dissolved.

194 March 21, 1956, secs. 2 and 4(b), 70 Stat. 52, 50 U.S.C. App. 1941y note; Public Law 433, 84th Cong.

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