SEC. 207.100 (a) Except as provided by subsection (c), no executive agency shall dispose of any plant, plants, or other property to any private interest until such agency has received the advice of the Attorney General on the question whether such disposal would tend to create or maintain a situation inconsistent with the antitrust laws. Whenever any such disposal is contemplated by any executive agency, such agency shall transmit promptly to the Attorney General notice of such proposed disposal and the probable terms or conditions thereof. If such notice is given by any executive agency other than the General Services Administration, a copy of such notice shall be transmitted simultaneously to the Administrator. Within a reasonable time, in no event to exceed sixty days, after receipt of such notification, the Attorney General shall advise the Administrator and any other interested executive agency whether, so far as he can determine, the proposed disposition would tend to create or maintain a situation. inconsistent with the antitrust laws.

(b) Upon request made by the Attorney General, the Administrator or any other executive agency shall furnish or cause to be furnished to the Attorney General such information as the Administrator or such other executive agency may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice required by this section, or to determine whether any other disposition or proposed disposition of surplus property violates or would violate any of the antitrust laws.

(c) This section shall not apply to the disposal of—

(1) real property if the aggregate amount of the original acquisition cost of such property to the Government and all capital expenditures made by the Government with respect thereto is less than $1,000,000; or

(2) personal property (other than a patent, process, technique, or invention) with an acquisition cost of less than $3,000,000. (d) Nothing contained in this Act shall impair, amend, or modify any of the antitrust laws or limit or prevent the application of any such law to any person who acquires in any manner any property under the provisions of this Act.

As used in this section, the term "antitrust laws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act (38 Stat. 717), as amended; and sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended.

99 63 Stat. 391; title II, sec. 207, 40 U.S.C. 488; Public Law 152, 81st Cong., amended 72 Stat. 966-7; Public Law 85-800 (1958).

Sub

100 40 U.S.C. 488, as amended, Aug. 19, 1958; 72 Stat. 631; Public Law 85-680. stance formerly in sec. 20 of Surplus Property Act of 1944. Sec. 105 of the above act abolished the War Assets Administration. and transferred the functions of the War Assets Administrator to the Administrator of General Services.

SEC. 301.102 The purpose of this title is to facilitate the procurement of supplies and services.

APPLICATION AND PROCUREMENT METHODS

SEC. 302.* **** 103

(b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for supplies and services for the Government shall be placed with small-business concerns.

ARMED SERVICES PROCUREMENT 104

SEC. 2301. DECLARATION OF POLICY

***

It is the policy of Congress that a fair proportion of the purchases and contracts made under this chapter be placed with small business

SEC. 2304. (a) 105 Purchases of and contracts for property or services covered by this chapter shall be made by formal advertising. However, the head of an agency may negotiate such a purchase or contract, if

(15) the purchase or contract is for property or services for which he determines that the bid prices received after formal advertising are unreasonable as to all or part of the requirements, or were not independently reached in open competition, * * * SEC. 2305. ***

(d) 106 If the head of the agency considers that any bid received after formal advertising evidences a violation of the antitrust laws, he shall refer the bid to the Attorney General for appropriate action.

MILITARY CONSTRUCTION AUTHORIZATION ACT, 1965 107

SEC. 605.108 Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, unless the Secretary of Defense determines that because such jurisdiction and supervision is wholly

101 Title III is codified in 41 U.S.C. 251 ff.

103 41 U.S.C. 251, Act of June 30, 1949, title III, 63 Stat. 393, as amended July 12, 1952, sec. 1(m), 66 Stat. 594.

103 41 U.S.C. 252, Act of June 30, 1949, title III, 63 Stat. 393, as amended, Aug. 28, 1958, Public Law 85-800, secs. 1-3, 72 Stat. 966. Implemented in Executive Order No. 10936, Apr. 25, 1961, 26 F.R. 3555.

104 70A Stat. 127, Aug. 10, 1956; 10 U.S.C. 2301, 2304-2305; Public Law 1028, 84th Cong.; 78 Stat. 341, Public Law 88-390 (1964).

105 As amended Sept. 10, 1962, Public Law 87-653, par. (a), 76 Stat. 528; 10 U.S.C. 2304a.

100 Formerly subsec. (c), redesignated (d) by Public Law 85-861, sec. 1(44) (A), 72 Stat. 1457.

107 78 Stat. 341, Public Law 88-390, sec. 605 (1964).

108 78 Stat. 362 Title VI, Public Law 88-390 (not codified, usually accompanies recurring appropriation act).

impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. Regulations issued by the Secretary of Defense implementing the provisions of this section shall provide the department or agency requiring such construction with the right to select either the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, as its construction agent, providing that under the facts and circumstances that exist at the time of the selection of the construction agent, such selection will not result in any increased cost to the United States. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder.

MILITARY CONSTRUCTION AUTHORIZATION ACT, 1964 109

SEC. 605.110 Contracts for construction made by the United States for performance within the United States and its possessions, under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, unless the Secretary of Defense determines that because such jurisdiction and supervision is wholly impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder.

COMMUNICATIONS ACT OF 1934

APPLICATION OF ANTITRUST LAWS; REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES

SEC. 313.111 (a) All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade are declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceedings, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review find

109 77 Stat. 807, Public Law 88-174, sec. 605 (1963).

110 77 Stat. 328, Public Law 88-174, Title VI (1963).

111 Amended, Sept. 13, 1960, Public Law 86-752. Sec. 5(b), 74 Stat. 893, 47 U.S.C. 313, so as to designate existing provisions as subsec. (a) and add subsec. (b), the language of which was previously contained in sec. 311 of the Act, repealed by the same Act, sec. 5(a).

62

THE ANTITRUST LAWS

ings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease: Provided, however, That such licensee shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court.

(b) The Commission is hereby directed to refuse a station license and/or permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section.

ATOMIC ENERGY ACT OF 1954 112

SEC. 105.113 ANTITRUST PROVISIONS.

a. Nothing contained in this Act, including the provisions which vest title to all special nuclear material in the United States, shall relieve any person from the operation of the following acts, as amended, "An Act to protect trade and commerce against unlawful restraints and monopolies" approved July second, eighteen hundred and ninety; 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 twenty-seven, eighteen hundred and ninety-four; "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes" approved October fifteen, nineteen hundred and fourteen, and "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes" approved September twenty-six, nineteen hundred and fourteen. In the event a licensee is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the laws cited above, to have violated any of the provisions of such laws in the conduct of the licensed activity, the Commission may suspend, revoke, or take such other action as it may deem necessary with respect to any license issued by the Commission under the provisions of this Act.

b. The Commission shall report promptly to the Attorney General any information it may have with respect to any utilization of special nuclear material or atomic energy which appears to violate or to tend toward the violation of any of the foregoing Acts, or to restrict free competition in private enterprise.

c. Whenever the Commission proposes to issue any license to any person under section 103, it shall notify the Attorney General of the proposed license and the proposed terms and conditions thereof, except

112 Act of Aug. 30, 1954, 68 Stat. 921: Public Law 703. 83d Cong., completely amended and renumbered said Act. Formerly 42 U.S.C. 1801-1819. now 42 U.S.C. 2011 ff.

113 Added Aug. 30, 1954, sec. 105, 68 Stat. 938; 42 U.S.C. 2135; Public Law 703, 83d Cong.

such classes or types of licenses, as the Commission, with the approval of the Attorney General, may determine would not significantly affect the licensee's activities under the antitrust laws as specified in subsection 105a. Within a reasonable time, in no event to exceed 90 days after receiving such notification, the Attorney General shall advise the Commission whether, insofar as he can determine, the proposed license would tend to create or maintain a situation inconsistent with the antitrust laws, and such advice shall be published in the Federal Register. Upon the request of the Attorney General, the Commission shall furnish or cause to be furnished such information as the Attorney General determines to be appropriate or necessary to enable him to give the advice called for by this section.

NATURAL GAS ACT 114

ENFORCEMENT OF ACT; REGULATIONS AND ORDERS

SEC. 20. (a) Whenever it shall appear to the Commission 115 that any person is engaged or about to engage in any acts or practices. which constitute or will constitute a violation of the provisions of this Act, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper district court of the United States,116 or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this Act or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of the Federal antitrust laws to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings.

LANHAM TRADEMARK ACT 117

SEC. 33. (b) If the right to use the registered mark has become incontestable under section 15 hereof, the certificate shall be conclusive evidence of the registrant's exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate subject to any conditions or limitations stated therein except when one of the following defenses or defects is established:

(7) 118 That the mark has been or is being used to violate the antitrust laws of the United States.

114 52 Stat. 832; 15 U.S.C. 717s; Public Law 688, 75th Cong. (1938). 115 All executive and administrative functions of the Federal Power Commission were, with certain exceptions, transferred to the Chairman thereof by 1950 Reorganization Plan No. 9. secs. 1 and 2, effective May 24, 1950, 15 F.R. 3175, 64 Stat. 1265.

116 The words "the District Court of the United States for the District of Columbia" were deleted as superfluous in view of sec. 88, 62 Stat. 875; Public Law 773, 80th Cong. (1948).

117 60 Stat. 427; 15 U.S.C. 1051 ff.; Public Law 489, 79th Cong. (1946); amended, Oct. 9, 1962, Public Law 87-772, sec. 1, 76 Stat. 769.

118 Sec. 33 (b) (7), 60 Stat. 438, 15 U.S.C. 1115 (b) (7).