Laws: Cases and Codes : U.S. Code : Title 15 : Section 18a
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U.S. Code as of:
01/19/04
Section 18a - Notes
SOURCE
(Oct. 15, 1914, ch. 323, Sec. 7A, as added Pub. L. 94-435, title
II, Sec. 201, Sept. 30, 1976, 90 Stat. 1390; amended Pub. L.
98-620, title IV, Sec. 402(10)(A), Nov. 8, 1984, 98 Stat. 3358;
Pub. L. 101-73, title XII, Sec. 1214, Aug. 9, 1989, 103 Stat. 529;
Pub. L. 106-102, title I, Sec. 133(c), Nov. 12, 1999, 113 Stat.
1383; Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec. 630(a), (c),
(d)], Dec. 21, 2000, 114 Stat. 2762, 2762A-108, 2762A-110.)
REFERENCES IN TEXT
The antitrust laws, referred to in subsecs. (c), (d), are defined
in section 12 of this title.
This Act, referred to in subsec. (i)(1), is act Oct. 15, 1914,
ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which
is classified generally to sections 12, 13, 14 to 19, 21, and 22 to
27 of this title, and sections 52 and 53 of Title 29, Labor. For
further details and complete classification of this Act to the
Code, see References in Text note set out under section 12 of this
title and Tables.
The Federal Trade Commission Act, referred to in subsec. (i)(2),
is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
of this title. For complete classification of this Act to the Code,
see section 58 of this title and Tables.
The Antitrust Civil Process Act, referred to in subsec. (i)(2),
is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which
is classified generally to chapter 34 (Sec. 1311 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1311 of this title and
Tables.
CODIFICATION
December 21, 2000, referred to in subsec. (e)(1)(B), was in the
original "the date of the enactment of this Act" which was
translated as meaning the date of enactment of Pub. L. 106-553,
which enacted subsec. (e)(1)(B), to reflect the probable intent of
Congress.
Subsection (j), which required the Federal Trade Commission, with
the concurrence of the Assistant Attorney General, to report
annually to Congress on the operation of this section, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance. See, also, page 172 of House Document No. 103-7.
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec.
630(a)], amended subsec. (a) generally, reenacting introductory
provisions, par. (1), and concluding provisions without change,
adding par. (2), and striking out former pars. (2) and (3) which
read as follows:
"(2)(A) any voting securities or assets of a person engaged in
manufacturing which has annual net sales or total assets of
$10,000,000 or more are being acquired by any person which has
total assets or annual net sales of $100,000,000 or more;
"(B) any voting securities or assets of a person not engaged in
manufacturing which has total assets of $10,000,000 or more are
being acquired by any person which has total assets or annual net
sales of $100,000,000 or more; or
"(C) any voting securities or assets of a person with annual net
sales or total assets of $100,000,000 or more are being acquired by
any person with total assets or annual net sales of $10,000,000 or
more; and
"(3) as a result of such acquisition, the acquiring person would
hold -
"(A) 15 per centum or more of the voting securities or assets
of the acquired person, or
"(B) an aggregate total amount of the voting securities and
assets of the acquired person in excess of $15,000,000."
Subsec. (e)(1). Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec.
630(c)], designated existing provisions as subpar. (A) and added
subpar. (B).
Subsec. (e)(2). Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec.
630(d)(1)], substituted "30 days" for "20 days".
Subsec. (k). Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec.
630(d)(2)], added subsec. (k).
1999 - Subsec. (c)(7). Pub. L. 106-102, Sec. 133(c)(1), inserted
before semicolon at end ", except that a portion of a transaction
is not exempt under this paragraph if such portion of the
transaction (A) is subject to section 1843(k) of title 12; and (B)
does not require agency approval under section 1842 of title 12".
Subsec. (c)(8). Pub. L. 106-102, Sec. 133(c)(2), inserted before
semicolon at end ", except that a portion of a transaction is not
exempt under this paragraph if such portion of the transaction (A)
is subject to section 1843(k) of title 12; and (B) does not require
agency approval under section 1843 of title 12".
1989 - Subsec. (c)(7). Pub. L. 101-73, Sec. 1214(1), inserted
reference to section 1467a(e) of title 12.
Subsec. (c)(8). Pub. L. 101-73, Sec. 1214(2), struck out
reference to section 1726 or 1730a(e) of title 12.
1984 - Subsec. (f)(2). Pub. L. 98-620 struck out designation
"(A)" before "upon the filing", and struck out subpar. (B) which
had provided that if the Federal Trade Commission or the Assistant
Attorney General certified that he or it believed that the public
interest required relief pendente lite pursuant to this subsection,
the motion for a preliminary injunction had to be set down for
hearing by the district judge so designated at the earliest
practicable time, would take precedence over all matters except
older matters of the same character and trials pursuant to section
3161 of title 18, and had to be in every way expedited.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6204 of this title; title
11 section 363.
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