such Territory and any State or foreign nation, or between the District of Columbia and any State or Terri

tory or foreign nation.

"Corporation" means any company or association in- "Corporation.” corporated or unincorporated, which is organized to carry

on business for profit and has shares of capital or capital stock, and any company or association, incorporated or unincorporated, without shares of capital or capital stock, except partnerships, which is organized to carry on bušiness for its own profit or that of its members.

"Documentary

"Documentary evidence" means all documents, papers, evidence." and correspondence in existence at and after the passage of this Act.

"Acts to regulate commerce" means the Act entitled "An Act to regulate commerce," approved February fourteenth, eighteen hundred and eighty-seven, and all Acts amendatory thereof and supplementary thereto.

"Antitrust acts" means the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety; also the sections seventy-three to seventy-seven, inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," approved August twentyseventh, eighteen hundred and ninety-four; and also the Act entitled "An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes,"" approved February twelfth, nineteen hundred and thirteen.

Sec. 5. UNFAIR COMPETITION. COMPLAINTS, FINDINGS, AND ORDERS OF COMMISSION. APPEALS. SERVICE.3

SEC. 5. That unfair methods of competition in commerce are hereby declared unlawful.

"Acts to regulate commerce."

"Antitrust

acts."

Unfair methods unlawful.

Commission to prevent. Banks and common car. riers

The commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except er excepted. banks, and common carriers subject to the Acts to regulate commerce, from using unfair methods of competition in commerce.

2 For text of Sherman Act, see footnote on pp. 503-505.

3 Jurisdiction of Commission under this section limited by sec. 406 of the "Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159. See second paragraph of footnote on p. 489.

Commission to

issue complaint

method used and

est.

on respondent

hearing.

Respondent to

pear and cause, etc.

Sec. 5. UNFAIR COMPETITION. COMPLAINTS, FINDINGS, AND ORDERS OF COMMISSION. APPEALS. SERVICE-Continued.

Whenever the commission shall have reason to believe when unfair that any such person, partnership, or corporation has to public inter- been or is using any unfair method of competition in commerce, and if it shall appear to the commission that a proceeding by it in respect thereof would be to the inTo serve same terest of the public, it shall issue and serve upon such perwith notice of son, partnership, or corporation a complaint stating its charges in that respect, and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. The perhave right to a son, partnership, or corporation so complained of shall show have the right to appear at the place and time so fixed and show cause why an order should not be entered by the commission requiring such person, partnership, or corporation to cease and desist from the violation of the Intervention al- law so charged in said complaint. Any person, partnercation and good ship, or corporation may make application, and upon good cause shown may be allowed by the commission, to intervene and appear in said proceeding by counsel or in Testimony to person. The testimony in any such proceeding shall be writing and filed. reduced to writing and filed in the office of the commission. If upon such hearing the commission shall be of If method pro- the opinion that the method of competition in question is sion to make prohibited by this Act, it shall make a report in writing stating findings, in which it shall state its findings as to the facts, and shall serve order to issue and cause to be served on such person, partnership, on respondent. or corporation an order requiring such person, partnership, or corporation to cease and desist from using such Modification or method of competition. Until a transcript of the record the Commission in such hearing shall have been filed in a circuit court of of its order. appeals of the United States, as hereinafter provided, the

lowed on appli

cause.

be

reduced to

hibited, Commis

written report

and to issue and

cease and desist

setting aside by

Disobedience of order. Applica

Court of Appeals

commission may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section.

If such person, partnership, or corporation fails or tion to Circuit neglects to obey such order of the commission while the by Commission. same is in effect, the commission may apply to the circuit court of appeals of the United States, within any circuit where the method of competition in question was used or where such person, partnership, or corporation resides or carries on business, for the enforcement of its order, and shall certify and file with its applica

Action by

Decree affirming modifying, or set

Commission's

by testimony.

additional evi

theretofore.

tion a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the commission. Upon such filing of the appli- court. Notice to cation and transcript the court shall cause notice thereof respondent. to be served upon such person, partnership, or corpora- ting aside Comtion and thereupon shall have jurisdiction of the proceed- mission's order. ing and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, or setting aside the order of the commission. The findings of the commission as to the andings. Conclu facts, if supported by testimony, shall be conclusive. sive if supported If either party shall apply to the court for leave to adduce Introduction of additional evidence, and shall show to the satisfaction dence, if reasonable grounds for of the court that such additional evidence is material and failure to adduce that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the commission, the court may order such additional evidence May be taken to be taken before the commission and to be adduced sion. upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commission Commission may modify its findings as to the facts, or make new modified andings findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by testimony, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari as provided in section two hundred and forty of the Judicial Code.

before Commis

may make new or

by reason thereof.

Judgment and

decree subject to tiorari, but other

review upon cer

wise final.

Petition by re

view order to

To be served on Commission.

Any party required by such order of the commission to spondent to recease and desist from using such method of competition cease and desist. may obtain a review of such order in said circuit court of appeals by filing in the court a written petition praying that the order of the commission be set aside. A copy of such petition shall be forthwith served upon the commission, and thereupon the commission forthwith shall certify and file in the court a transcript of the record as hereinbefore provided. Upon the filing of the transcript the court shall have the same jurisdiction to affirm, set Court of Appeals aside, or modify the order of the commission as in the case cation by Comof an application by the commission for the enforcement Commission's of its order, and the findings of the commission as to the Andings similarly facts, if supported by testimony, shall in like manner be conclusive.

80044°-24-VOL 5-33

Jurisdiction of

same as on appli

conclusive.

Jurisdiction of Court exclusive.

Proceedings to have precedence

Sec. 5. UNFAIR COMPETITION, COMPLAINTS, FINDINGS, AND ORDERS OF COMMISSION. APPEALS. SERVICE-Continued.

The jurisdiction of the circuit court of appeals of the United States to enforce, set aside, or modify orders of the commission shall be exclusive.

Such proceedings in the circuit court of appeals shall over other cases. be given precedence over other cases pending therein. and shall be in every way expedited. No order of the commission or judgment of the court to enforce the same Liability under shall in any wise relieve or absolve any person, partnership, or corporation from any liability under the antitrust acts.3

antitrust acts not

affected.

Service of Com

mission's com

and other proc

esses.

Personal; or

Complaints, orders, and other processes of the commisplaints, orders, sion under this section may be served by anyone duly authorized by the commission, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corAt office or poration to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person, By registered partnership, or corporation; or (c) by registering and mailing a copy thereof addressed to such person, partnership, or corporation at his or its principal office or Verified return place of business. The verified return by the person so ing, and return serving said complaint, order, or other process setting proof of service. forth the manner of said service shall be proof of the

place of business; or

mail.

by person serv

post-office receipt,

To gather and compile information, and to investigate with

same, and the return post-office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the same.

Sec. 6. FURTHER POWERS.*

SEC. 6. That the commission shall also have power(a) To gather and compile information concerning, reference to or and to investigate from time to time the organization, ness, etc., of cor- business, conduct, practices, and management of any cor

ganization, busi

porations, except

banks and com- poration engaged in commerce, excepting banks and com

mon carriers.

mon carriers subject to the Act to regulate commerce, and

its relation to other corporations and to individuals, associations, and partnerships.

For text of Sherman Act, see footnote on pp. 503-505. As enumerated in last paragraph of sec. 4 of this act, see p. 493.

• Provisions and penalties of secs. 6, 8, 9, and 10 of this act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 402 of the "Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159,

To require an

porations, except

mon carriers.

(b) To require, by general or special orders, corpora- nual or special tions engaged in commerce, excepting banks, and com- reports from cormon carriers subject to the Act to regulate commerce, or banks and comany class of them, or any of them, respectively, to file with the commission in such form as the commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the commission such information as it may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals of the respective corporations filing such reports or answers in writing. Such re-. ports and answers shall be made under oath, or otherwise, otherwise, as the commission may prescribe, and shall be filed with reasonable period the commission within such reasonable period as the com- may prescribe. mission may prescribe, unless additional time be granted in any case by the commission.

Such reports to be under oath, or

filed within such

as commission

either on own

plication of At

observance of final decree en

tered under anti

trust acts.

(c) Whenever a final decree has been entered against To investigate, any defendant corporation in any suit brought by the initiative or apUnited States to prevent and restrain any violation of the torney antitrust Acts, to make investigation, upon its own initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Attorney General it shall be its duty to make such investigation. It shall transmit to the Attorney General a report To transmit embodying its findings and recommendations as a result ommendations to of any such investigation, and the report shall be made eral. public in the discretion of the commission.

findings and rec

Attorney Gen

on direction

(d) Upon the direction of the President or either To investigate, House of Congress to investigate and report the facts re- President or lating to any alleged violations of the antitrust Acts by leged violations any corporation.

either House, al

of antitrust acts.

and make recom

on

application of

(e) Upon the application of the Attorney General to To investigate investigate and make recommendations for the readjust- mendations, ment of the business of any corporation alleged to be vio- Attorney Genlating the antitrust Acts in order that the corporation justment of busimay thereafter maintain its organization, management, violator of antiand conduct of business in accordance with law.

5

eral, for readness of alleged

trust acts.

lic, as it deems

(f) To make public from time to time such portions of, To make pubthe information obtained by it hereunder, except trade expedient, porsecrets and names of customers, as it shall deem expedient tion obtained.

5 For text of Sherman Act, see footnote on pp. 503-505. As enumerated in last paragraph of sec. 4 of this act, see p. 493.

tions of informa