Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630 (1981). · Go Syfert
Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630 (1981). Cases Citing This Book View Copy Cite
3,208 citation events (1,219 in the last 25 years) across 133 distinct courts.
Strongest positive: Goodnight v. Hammons (okwd, 2025-09-25) · Strongest negative: Mark Wallach v. Eaton Corp (ca3, 2016-06-07)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Mark Wallach v. Eaton Corp (2×)
3rd Cir. · 2016 · signal: but cf. · confidence high
But cf. Tex. Indus., Inc., 451 U.S. at 641-45 , 101 S.Ct. 2061 (indicating that while federal common law applies to some components of antitrust' law, it does not apply to remedial provisions that Congress described with particularity).
discussed Cited "but see" Sperry v. Crompton Corp.
NY · 2007 · signal: but see · confidence high
American Soc. of Mechanical Engineers, Inc. v Hydrolevel Corp., 456 US 556, 575 [1982]; Brunswick Corp. v Pueblo Bowl-O-Mat, Inc., 429 US 477, 485-486 [1977]; but see Texas Industries, Inc. v Radcliff Materials, Inc., 451 US 630, 639 [1981] [“The very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.”]).
examined Cited "but see" Petitt v. Celebrity Cruises, Inc. (3×)
S.D.N.Y. · 2001 · signal: but cf. · confidence high
See Victory Carriers, Inc. v. Law, 404 U.S. 202, 204 , 92 S.Ct. 418 , 30 L.Ed.2d 383 (1971) (stating that federal maritime law would apply whether the Court relies on diversity jurisdiction or admiralty jurisdiction); Pope & Talbot v. Hawn, 346 U.S. 406, 410-11 , 74 S.Ct. 202 , 98 L.Ed. 143 (1953) (applying federal maritime law to tort claim by carpenter who was injured on navigable waters while working on a ship, even where there was diversity jurisdiction); but cf. Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 641-642 , 101 S.Ct. 2061 , 68 L.Ed.2d 500 (1981) (stating that fed…
discussed Cited "but see" David C. Eisler v. Mark J. O'COnnOr
6th Cir. · 1990 · signal: but cf. · confidence high
Cf. Bank of Marin v. England, 385 U.S. 99, 100-01 (1966); but cf. Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630 (1981). 4 Eisler's sole argument on appeal is that Fed.R.Civ.P. 37 limits the amount of the award to those expenses that were "caused" by his failure to comply with the court's order.
examined Cited "but see" Instrumentation Associates, Inc. v. Madsen Electronics (Canada) Ltd. (3×)
3rd Cir. · 1988 · signal: but cf. · confidence high
Justice Marshall, writing for the Court, states: Although we agree with the Court of Appeals that the Bremen case may prove "instructive" in resolving the parties' dispute, [Stewart Organization v. Ricoh Corp., ] 810 F.2d [1066] at 1069 [ (11th Cir.1987) ]; but cf. Texas Industries Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 641-642 [ 101 S.Ct. 2061, 2067-2068 , 68 L.Ed.2d 500 ] (1981) (federal common law developed under admiralty jurisdiction not freely transferable to diversity setting), we disagree with the court's articulation of the relevant inquiry as "whether the forum selection cla…
examined Cited "but see" Instrumentation Associates, Inc. v. Madsen Electronics (Canada) Ltd. (3×)
3rd Cir. · 1988 · signal: but cf. · confidence high
Justice Marshall, writing for the Court, states: Although we agree with the Court of Appeals that the Bremen case may prove "instructive” in resolving the parties’ dispute, [Stewart Organization v. Ricoh Corp., ] 810 F.2d [1066] at 1069 [(11th Cir.1987)]; but cf. Texas Industries Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 641-642 [ 101 S.Ct. 2061, 2067-2068 , 68 L.Ed.2d 500 ] (1981) (federal common law developed under admiralty jurisdiction not freely transferable to diversity setting), we disagree with the court’s articulation of the relevant inquiry as "whether the forum selection…
discussed Cited "but see" Stewart Organization, Inc. v. Ricoh Corp. (2×)
SCOTUS · 1988 · signal: but cf. · confidence high
Although we agree with the Court of Appeals that the Bremen case may prove “instructive” in resolving the parties’ dispute, 810 F. 2d, at 1069; but cf. Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U. S. 630, 641-642 (1981) (federal common law developed under admiralty jurisdiction not freely transferable to diversity setting), we disagree with the court’s articulation of the relevant inquiry as “whether the forum selection clause in this case is unenforceable under the standards set forth in The Bremen.” 810 F. 2d, at 1069.
discussed Cited as authority (verbatim quote) Goodnight v. Hammons
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
our focus, as it is in any case involving the implication of a right of action, is on the intent of congress
discussed Cited as authority (verbatim quote) Morsell v. Symantec Corporation
D.D.C. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
discussed Cited as authority (verbatim quote) United States ex rel. Deborah Sheldon v. Allergan Sales, LLC
4th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
discussed Cited as authority (verbatim quote) Goettig v. Four Seasons Resort Lanai At Manele Bay
D. Haw. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
bsent some congressional authorization to formulate substantive rules of decision, federal common law exists only in . . . narrow areas.
discussed Cited as authority (verbatim quote) United States ex rel. Deborah Sheldon v. Allergan Sales, LLC
4th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
discussed Cited as authority (verbatim quote) United States of America v. USAA Federal Savings Bank
W.D. Va. · 2021 · quote attribution · 1 verbatim quote · confidence high
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers
discussed Cited as authority (verbatim quote) United States v. NM Supreme Court
10th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
in our view, the analysis in boyle requires the displacement of the kansas antisubrogation regulation in the context of the blue cross claim against ms. helfrich.
discussed Cited as authority (verbatim quote) United States v. Supreme Court of New Mexico
10th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
in our view, the analysis in boyle requires the displacement of the kansas antisubrogation regulation in the context of the blue cross claim against ms. helfrich.
examined Cited as authority (verbatim quote) Office Planning Group, Inc v. Baraga-Houghton-Keweenaw Child Development Board (5×) also: Cited as authority (quoted)
Mich. · 2005 · quote attribution · 5 verbatim quotes · confidence high
our focus, as it is in any case involving the implication of a right of action, is on the intent of congress.
examined Cited as authority (verbatim quote) Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. Thompson (2×)
SCOTUS · 1986 · quote attribution · 2 verbatim quotes · confidence high
our focus, as it is in any case involving the implication of a right of action, is on the intent of congress
examined Cited as authority (quoted) Jones v. Concerted Care Group (3×)
D. Maryland · 2022 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
discussed Cited as authority (quoted) iPic-Gold Class Entertainment, LLC and iPic Texas, LLC v. Regal Entertainment Group, AMC Entertainment Holdings, Inc., AMC Entertainment, Inc., and American Multi-Cinema, Inc.
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
however, once a civil conspiracy is found, each co-conspirator is responsible for the action of any of the co- conspirators which is in furtherance of the unlawful combination.
examined Cited as authority (quoted) Kirtsaeng v. John Wiley & Sons, Inc. (3×)
SCOTUS · 2016 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
economists disagree over whether business decisionmakers are 'risk averse
examined Cited as authority (quoted) Bio-Medical Applications of Tennessee, Inc. v. Central States Southeast & Southwest Areas Health & Welfare Fund (6×)
6th Cir. · 2011 · signal: cf. · quote attribution · 6 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct....
examined Cited as authority (quoted) United States Ex Rel. Drake v. NSI, Inc. (3×)
D. Conn. · 2010 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
examined Cited as authority (quoted) United States Ex Rel. Ramadoss v. Caremark Inc. (3×)
W.D. Tex. · 2008 · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
examined Cited as authority (quoted) Verizon Maryland Inc. v. RCN Telecom Services, Inc. (3×)
D. Maryland · 2003 · signal: see · quote attribution · 3 verbatim quotes · confidence high
b-sent some congressional authorization to formulate substantive rules of decision, federal common law exists only in ... narrow areas ....
examined Cited as authority (quoted) United States v. City of Las Cruces (3×)
10th Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
many of these cases arise from interstate water disputes. such cases do not directly involve state boundaries ...; they nonetheless involve especial federal concerns to which federal common law applies.
examined Cited as authority (quoted) United States Ex Rel. Satalich v. City of Los Angeles (3×)
C.D. Cal. · 2001 · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
examined Cited as authority (quoted) US Ex Rel. Rosales v. SAN FRAN. HOUSING AUTHOR. (3×)
N.D. Cal. · 2001 · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
examined Cited as authority (quoted) United States ex rel. Rosales v. San Francisco Housing Authority (3×)
N.D. Cal. · 2001 · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
examined Cited as authority (quoted) Chickasaw Nation v. United States (3×)
10th Cir. · 2000 · signal: see · quote attribution · 3 verbatim quotes · confidence high
courts, of course, should be wary of relying on the remarks of a single legis.lator....
examined Cited as authority (quoted) Sears, Roebuck and Co. v. Sears Realty Co., Inc. (4×) also: Cited as authority (rule)
N.D.N.Y. · 1996 · quote attribution · 3 verbatim quotes · confidence low
the vesting of jurisdiction in the federal courts does not in and of itself give rise to authority to formulate federal common law.
examined Cited as authority (quoted) Abell v. Potomac Insurance Company (3×)
5th Cir. · 1988 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers.
examined Cited as authority (quoted) Holbert v. Echeverria (3×)
Okla. · 1987 · quote attribution · 3 verbatim quotes · confidence low
our focus, as it is in any case involving the implication of a right of action, is on the intent of congress
examined Cited as authority (quoted) In Re National Mortgage Equity Corp. Mortgage Pool Certificates Securities Litigation (3×)
C.D. Cal. · 1986 · quote attribution · 3 verbatim quotes · confidence low
the very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct ...
examined Cited as authority (quoted) Overseas National Airways, Inc. v. United States (3×)
2d Cir. · 1985 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
in areas where federal common law applies, the creation of a right to contribution may fall within the power of the federal courts.
examined Cited as authority (quoted) Overseas National Airways, Inc. v. United States of America, Defendant-Third-Party v. Port Authority of New York and New Jersey, Third-Party and the City of New York, Third-Party (3×)
2d Cir. · 1985 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
in areas where federal common law applies, the creation of a right to contribution may fall within the power of the federal courts.
examined Cited as authority (quoted) Walter J. Taubler v. Robert Giraud and Philippe Giraud (2×)
9th Cir. · 1981 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
courts generally have acknowledged that treble-damages actions under the antitrust laws are analogous to common-law actions sounding in tort
discussed Cited as authority (rule) Hencely v. Fluor Corp.
SCOTUS · 2026 · confidence medium
Under our precedents, Boyle explained, “a few areas, in- volving ‘uniquely federal interests,’ are so committed by the Constitution and laws of the United States to federal con- trol that state law is pre-empted and replaced, where nec- essary, by federal law,” fashioned by federal courts in the absence of congressional action. 487 U. S., at 504 (quoting Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U. S. 630, 640 (1981); citation omitted); see, e.g., Clearfield Trust Co. v. United States, 318 U. S. 363 , 366–367 (1943); United States v. Kimbell Foods, Inc., 440 U. S. 715 ,…
discussed Cited as authority (rule) Mayor & City Cncl. Of Balt. V. B.P. P.L.C. (2×)
Md. · 2026 · confidence medium
Although the Court declared that there is no general federal common law, it has recognized that there are some limited areas in which federal common law, or a federal rule of decision is “necessary to protect uniquely federal interests.” Tex. Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981) (citation modified); see also Rodriguez v. Fed.
discussed Cited as authority (rule) Gordon Clark v. Hanover Insurance Group, et al.
D. Conn. · 2026 · confidence medium
Accordingly, only two categories of issues demand the existence of federal common law: (1) “those in which a federal rule of decision is necessary to protect uniquely federal interests,” and (2) “those in which Congress has given the courts the power to develop substantive law.” Tex. Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981) (citations omitted); see also Am.
discussed Cited as authority (rule) JoAnn Chase v. Andeavor Logistics, L.P.
8th Cir. · 2026 · confidence medium
But “[t]he vesting of jurisdiction in the federal courts does not in and of itself give rise to authority to formulate federal common law.” Tex. Ind., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640-41 (1981) (citation omitted).
discussed Cited as authority (rule) In re Amitiza Antitrust Litigation (2×)
D. Mass. · 2026 · confidence medium
“The Supreme Court concluded long ago that the first two sections of the Sherman Act, with their ‘sweeping language,’ are among those instances in which courts are empowered to create governing rules of law.” DNAML, 2015 WL 9077075 , at *3 (citing Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 644 (1981)).
discussed Cited as authority (rule) Feliciano Velasco Rojas v. First Pick Farms LLC
W.D. Mich. · 2026 · confidence medium
Courts are allowed to apply the “federal common law” when it is “necessary to protect uniquely federal interests,” , 451 U.S. 630, 640 (1981); when Congress “give[s] the courts the power to develop substantive law,” ; when there is a “distinct need for nationwide legal standards,” , 500 U.S. at 98 ; when “express provisions in analogous statutory schemes embody congressional policy choices readily applicable to the matter at hand,” ; when applying state law “would frustrate specific objectives of the federal programs,” ; and when two states are parties, the United State…
discussed Cited as authority (rule) United States v. $9,781,900.00 of Funds in the Name of Falcon Strategic Solutions
D.D.C. · 2025 · confidence medium
Cir. 2019) (an argument mentioned only “in the most skeletal way, leaving the court to do counsel’s work” is forfeited (citation modified)). 18 may only fashion federal common law rules in “narrow” circumstances, Tex. Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 641 (1981), none of which are applicable here.
cited Cited as authority (rule) Julius H. Schoeps v. Sompo Holdings, Inc.
7th Cir. · 2025 · confidence medium
No. 25-1405 11 Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981)).
discussed Cited as authority (rule) Sea Mar Community Health Centers v. Accreditation Council for Graduate Medical Education
W.D. Wash. · 2025 · confidence medium
Such 2 lawmaking requires either explicit congressional authorization or those 3 circumstances where it is “‘necessary to protect uniquely federal interests.’” Id. at 4 136 (quoting Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981)). 5 The Ninth Circuit has long adhered to these limitations.
discussed Cited as authority (rule) Thornock v. JES Foundation Repair LLC
E.D. Va. · 2025 · confidence medium
But federal common law generally exists in just two limited instances: “[1] those in which a federal rule of decision is ‘necessary to protect uniquely federal interests,’ ... and [2] those in which Congress has given the courts the power to develop substantive law.” Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981) (quoting Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 426 (1964)).
discussed Cited as authority (rule) Clark v. Hanover Insurance Group, Inc.
D. Conn. · 2025 · confidence medium
Only two categories of issues demand the existence of federal common law: (1) “those in which a federal rule of decision is necessary to protect uniquely federal interests,” and (2) “those in which Congress has given the courts the power to develop substantive law.” Tex. Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981) (citations omitted); see also Am.
discussed Cited as authority (rule) ROLLINS v. PREMIER MOTORCARS INC
N.D. Fla. · 2025 · confidence medium
Since Erie, the Supreme Court has carved out only “narrow areas” where federal common law is applied: “those concerned with the rights and obligations of the United States, interstate and international disputes implicating the conflicting rights of States or our relations with foreign nations, and admiralty cases.” Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 641 (1981).
discussed Cited as authority (rule) Hermann v. Jon
W.D. Tex. · 2025 · confidence medium
“In the absence of congressional authorization, common lawmaking must be ‘necessary to protect uniquely federal interests.’” Id. (citing Tex. Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981)).
discussed Cited as authority (rule) Herrmann v. Pointer
W.D. Tex. · 2025 · confidence medium
“In the absence of congressional authorization, common lawmaking must be ‘necessary to protect uniquely federal interests.’” Id. (citing Tex. Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640 (1981)).
Retrieving the full opinion text from the archive…
TEXAS INDUSTRIES, INC.
v.
RADCLIFF MATERIALS, INC., Et Al.
79-1144.
Supreme Court of the United States.
May 26, 1981.
451 U.S. 630
Benjamin R. Slater, Jr., argued the cause for petitioner. With him on the briefs was William J. Hamlin., Dando B. Cellini argued the cause for respondents. With him on the brief were James A. Babst, Ewell P. Walther, Jr., and Stephen H. Kupperman., Solicitor General McCree argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Litvack, Deputy Solicitor General Wallace, Stephen M.' Shapiro, Barry Grossman, and Bruce E. Fein.*
BurgeR, Burger.
Cited by 875 opinions  |  Published
13 passages pin-cited by 20 cases
Pinpoint authority: #4,070 of 633,719
Citer courts: Tenth Circuit (6) · Second Circuit (6) · Sixth Circuit (6) · C.D. California (6) · N.D. California (6) · D. Maryland (6) · Fifth Circuit (3)
[*632] Chief Justice Burger

delivered the opinion of the Court.

This case presents the question whether the federal antitrust laws allow a defendant, against whom civil damages, costs, and attorney’s fees have been assessed, a right to contribution from other participants in the unlawful conspiracy on which recovery was based. We granted certiorari to resolve a conflict in the Circuits. 449 U. S. 949 (1980). [1] We affirm.

I

Petitioner and the three respondents manufacture and sell ready-mix concrete in the New Orleans, La., area. In 1975, the Wilson P. Abraham Construction Corp., which had purchased concrete from petitioner, filed a civil action in the United States District Court for the Eastern District of Louisiana naming petitioner as defendant; [2] the complaint alleged that petitioner and certain unnamed concrete firms had conspired to raise prices in violation of § 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1, which provides in relevant part:

“Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.”

The complaint sought treble damages plus attorney’s fees under § 4 of the Clayton Act, 38 Stat. 731, 15 U. S. C. § 15, which provides:

“Any person who shall be injured in his business or property by reason of anything forbidden in the anti[*633] trust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee.” [3]

Through discovery, petitioner learned that Abraham believed respondents were the other concrete producers that had participated in the alleged price-fixing scheme. [4] Petitioner then filed a third-party complaint against respondents seeking contribution from them should it be held liable in the action filed by Abraham. The District Court dismissed the third-party complaint for failure to state a claim upon which relief could be granted, holding that federal law does not allow an antitrust defendant to recover in contribution from co-conspirators. The District Court also determined there was no just reason for delay with respect to that aspect of the case and entered final judgment under Federal Rule of Civil Procedure 54 (b).

On appeal, the Court of Appeals for the Fifth Circuit affirmed, holding that, although the Sherman and the Clayton Acts do not expressly afford a right to contribution, the issue should be resolved as a matter of federal common law. Wilson P. Abraham Construction Corp. v. Texas Industries, Inc., 604 F. 2d 897 (1979). The court then examined what it perceived to be the benefits and the difficulties of contribution and concluded that no common-law rule of contribution should be fashioned by the courts.

[*634] II

The common Jaw provided no right to contribution among joint tortfeasors. Union Stock Yards Co. v. Chicago, B. & Q. R. Co., 196 U. S. 217 (1905); W. Prosser, Law of Torts § 50, pp. 305-307 (4th ed. 1971). See Merryweather v. Nixan, 8 Term Rep. 186, 101 Eng. Rep. 1337 (K B. 1799). See also Northwest Airlines, Inc. v. Transport Workers, ante, at 86-87, n. 16. In part, at least, this common-law rule rested on the idea that when several tortfeasors have caused damage, the law should not lend its aid to have one tortfeasor compel others to share in the sanctions imposed by way of damages intended to compensate the victim. E. g., Atkins v. Johnson, 43 Vt. 78, 81-82 (1870). See Leflar, Contribution and Indemnity Between Tortfeasors, 81 U. Pa. L. Rev. 130, 130-134 (1932). Since the turn of the century, however, 39 states and the District of Columbia have fashioned rules of contribution in one form or another, 10 initially through judicial action and the remainder through legislation. See Northwest Airlines, Inc. v. Transport Workers, ante, at 86-87, and n. 16. Because courts generally have acknowledged that treble-damages actions under the antitrust laws are analogous to common-law actions sounding in tort, [5] we are urged to follow this trend and adopt contribution for antitrust violators.

The parties and amici representing a variety of business[*635] interests — as well as a legion of commentators [6] — have thoroughly addressed the policy concerns implicated in the creation of a right to contribution in antitrust cases. With potentially large sums at stake, it is not surprising that the numerous and articulate amici disagree strongly over the basic issue raised: whether sharing of damages liability will advance or impair the objectives of the antitrust laws.

Proponents of a right to contribution advance concepts of fairness and equity in urging that the often massive judgments in antitrust actions be shared by all the wrongdoers. In the abstract, this position has a certain appeal: collective fault, collective responsibility. But the efforts of petitioner and supporting amid to invoke principles of equity presuppose a legislative intent to allow parties violating the law to draw upon equitable principles to mitigate the consequences of their wrongdoing. Moreover, traditional equitable standards have something to say about the septic state of the hands of such a suitor in the courts, and, in the context of one wrongdoer suing a co-conspirator, these standards similarly suggest that parties generally in pari delicto should be left where they are found. See supra, at 634. [7]

[*636] The proponents of contribution also contend that, by allowing one violator to recover from co-conspirators, there is a greater likelihood that most or all wrongdoers will be held liable and thus share the consequences of the wrongdoing. It is argued that contribution would thus promote more vigorous private enforcement of the antitrust laws and thereby deter violations, one of the important purposes of the treble-damages action under § 4 of the Clayton Act. See, e. g., Reiter v. Sonotone Corp., 442 U. S. 330, 344 (1979); Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc., 429 U. S. 477, 485 (1977); Hawaii v. Standard Oil Co., 405 U. S. 251, 262 (1972) ; Perma Life Mufflers, Inc. v. International Parts Corp., 392 U. S. 134, 139 (1968). Independent of this effect, a right to contribution may increase the incentive of a single defendant to provide evidence against co-conspirators so as to avoid bearing the full weight of the judgment. Realization of this possibility may also deter one from joining an antitrust conspiracy.

Respondents and amici opposing contribution point out that an even stronger deterrent may exist in the possibility, even if more remote, that a single participant could be held fully liable for the total amount of the judgment. In this view, each prospective co-conspirator would ponder long and hard before engaging in what may be called a game of “Russian roulette.” [8] Moreover, any discussion of this problem[*637] must consider the problem of “overdeterrence,” i. e., the possibility that severe antitrust penalties will chill wholly legitimate business agreements. See United States v. United States Gypsum Co., 438 U. S. 422, 441-442 (1978).

The parties and amici also discuss at length how a right to contribution should be structured and, in particular, how to treat problems that may arise with the allocation of damages among the wrongdoers and the effect of settlements. Dividing or apportioning damages among a cluster of co-conspirators presents difficult issues, for the participation of each in the conspiracy may have varied. Some may have profited more than others; some may have caused more damage to the injured plaintiff. Some may have been “leaders” and others “followers”; one may be a “giant,” others “pygmies.” [9] . Various formulae are suggested: damages may be allocated according to market shares, relative profits, sales to the particular plaintiff, the role in the organization and operation of the conspiracy, or simply pro rata, assessing an equal amount against each participant on the theory that each one is equally liable for the injury caused by collective action. In addition to the question of allocation, a right to contribution may have a serious impact on the incentive of defendants to settle. Some amici and commentators have suggested that the total amount of the plaintiff’s claim should be reduced by the amount of any settlement with any one co-conspirator; others[*638] strongly disagree. Similarly, vigorous arguments can be made for and against allowing a losing defendant to seek contribution from co-conspirators who settled with the plaintiff before trial. Regardless of the particular rule adopted for allocating damages or enforcing settlements, the complexity of the issues involved may result in additional trial and pretrial proceedings, thus adding new complications to what already is complex litigation. See, e. g., Illinois Brick Co. v. Illinois, 431 U. S. 720, 737-747 (1977).

Ill

The contentions advanced indicate how views diverge as to the “unfairness” of not providing contribution, the risks and trade-offs perceived by decisionmakers in business, and the various patterns for contribution that could be devised. In this vigorous debate over the advantages and disadvantages of contribution and various contribution schemes, the parties, amici, and commentators have paid less attention to a very significant and perhaps dispositive threshold question: whether courts have the po'wer to create such a cause of action absent legislation and, if so, whether that authority should be exercised in this context.

Earlier this Term, in Northwest Airlines, Inc. v. Transport Workers, ante, p. 77, we addressed the similar question of a right to contribution under the Equal Pay Act of 1963, 29 U. S. C. § 206 (d), and Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq. We concluded that a right to contribution may arise in either of two ways: first, through the affirmative creation of a right of action by Congress, either expressly or by clear implication; or, second, through the power of federal courts to fashion a federal common law of contribution. Ante, at 90-91. [10]

[*639] A

There is no allegation that the antitrust laws expressly establish a right of action for contribution. Nothing in these statutes refers to contribution, and if such a right exists it must be by implication. Our focus, as it is in any case involving the implication of a right of action, is on the intent of Congress. E. g., California v. Sierra Club, ante, p. 287; Universities Research Assn. v. Coutu, 450 U. S. 754 (1981); Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U. S. 11 (1979); Touche Ross & Co. v. Redington, 442 U. S. 560 (1979). Congressional intent may be discerned by looking to the legislative history and other factors: e. g., the identity of the class for whose benefit the statute was enacted, the overall legislative scheme, and the traditional role of the states in providing relief. See California v. Sierra Club, supra; Cort v. Ash, 422 U. S. 66 (1975).

Petitioner readily concedes that “there is nothing in the legislative history of the Sherman Act or the Clayton Act to indicate that Congress considered whether contribution was available to defendants in antitrust actions.” Brief for Petitioner 10. Moreover, it is equally clear that the Sherman Act and the provision for treble-damages actions under the Clayton Act were not adopted for the benefit of the participants in a conspiracy to restrain trade. On the contrary, petitioner “is a member of the class whose activities Congress intended to regulate for the protection and benefit of an entirely distinct class,” Piper v. Chris-Craft Industries, Inc., 430 U. S. 1, 37 (1977) (emphasis added). The very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers. The absence of any reference to contribution in the legislative history or of any possibility that Congress was concerned with softening the blow on joint wrongdoers in this setting makes examination of other factors unnecessary. California v. Sierra Club, ante, at 298; Touche Ross & Co. v.[*640] Redington, supra, at 574-576. We therefore conclude that Congress neither expressly nor implicitly intended to create a right to contribution. [11] If any right to contribution exists, its source must be federal common law.

B

There is, of course, “no federal general common law.” Erie R. Co. v. Tompkins, 304 U. S. 64, 78 (1938). Nevertheless, the Court has recognized the need and authority in some limited areas to formulate what has come to be known as “federal common law.” See United States v. Standard Oil Co., 332 U. S. 301, 308 (1947). These instances are “few and restricted,” Wheeldin v. Wheeler, 373 U. S. 647, 651 (1963), and fall into essentially two categories: those in which a federal rule of decision is “necessary to protect uniquely federal interests,” Banco Nacional de Cuba v. Sabbatino, 376 U. S. 398, 426 (1964), and those in which Congress has given the courts the power to develop substantive law, Wheeldin v. Wheeler, supra, at 652.

(1)

The vesting of jurisdiction in the federal courts does not in and of itself give rise to authority to formulate federal[*641] common law, United States v. Little Lake Misere Land Co., 412 U. S. 580, 591 (1973), nor does the existence of congressional authority under Art. I mean that federal courts are free to develop a common law to govern those areas until Congress acts. Rather, absent some congressional authorization to formulate substantive rules of decision, federal common law exists only in such narrow areas as those concerned with the rights and obligations of the United States, [12] interstate and international disputes implicating the conflicting rights of States or our relations with foreign nations, [13] and admiralty cases. [14] In these instances, our federal system does not permit the controversy to be resolved under state law, either because the authority and duties of the United States as sovereign are intimately involved or because the interstate or international nature of the controversy makes it inappropriate for state law to control.

In areas where federal common law applies, the creation of a right to contribution may fall within the power of the federal courts. For example, in Cooper Stevedoring Co. v. Fritz Kopke, Inc., 417 U. S. 106 (1974), we held that con[*642] tribution is available among joint tortfeasors for injury to a longshoreman. But that claim arose within admiralty jurisdiction, one of the areas long recognized as subject to federal common law, see Edmonds v. Compagnie Generate Transatlantique, 443 U. S. 256, 259 (1979); our decision there was based, at least in part, on the traditional division of damages in admiralty not recognized at common law, see 417 U. S., at 110. Cooper Stevedoring thus does not stand for a general federal common-law right to contribution. See Northwest Airlines, Inc. v. Transport Workers, ante, at 96-97.

The antitrust laws were enacted pursuant to the power of Congress under the Commerce Clause, Art. I, § 8, cl. 3, to regulate interstate and foreign trade, and the case law construing the Sherman Act now spans nearly a century. Nevertheless, a treble-damages action remains a private suit involving the rights and obligations of private parties. Admittedly, there is a federal interest in the sense that vindication of rights arising out of these congressional enactments supplements federal enforcement and fulfills the objects of the statutory scheme. Notwithstanding that nexus, contribution among antitrust wrongdoers does not involve the duties of the Federal Government, the distribution of powers in our federal system, or matters necessarily subject to federal control even in the absence of statutory authority. Cf. Bank of America v. Parnell, 352 U. S. 29, 33 (1956). In short, contribution does not implicate “uniquely federal interests” of the kind that oblige courts to formulate federal common law.

(2)

Federal common law also may come into play when Congress has vested jurisdiction in the federal courts and empowered them to create governing rules of law. See Wheeldin v. Wheeler, supra, at 652. In this vein, this Court has read § 301 (a) of the Labor Management Relations Act, 29 U. S. C. § 185 (a), not only as granting jurisdiction over defined[*643] areas of labor law but also as vesting in the courts the power to develop a common law of labor-management relations within that jurisdiction. Textile Workers v. Lincoln Mills, 353 U. S. 448 (1957). A similar situation arises with regard to the first two sections of the Sherman Act, which in sweeping language forbid “[e]very contract, combination ... , or conspiracy, in restraint of trade” and “monopolizing], or attempt [ing] to monopolize, . . . any part of the trade or commerce . . . .” 15 U. S. C. §§ 1, 2. We noted in National Society of Professional Engineers v. United States, 435 U. S. 679, 688 (1978):

“Congress, however, did not intend the text of the Sherman Act to delineate the full meaning of the statute or its application in concrete situations. The legislative history makes it perfectly clear that it expected the courts to give shape to the statute’s broad mandate by drawing on common-law tradition.”

Accord, United States v. United States Gypsum Co., 438 U. S., at 438, and n. 14; 2 P. Areeda & D. Turner, Antitrust Law ¶ 302 (1978). See 21 Cong. Rec. 2456, 2460, 3149, 3152 (1890). [15]

It does not necessarily follow, however, that Congress intended to give courts as wide discretion in formulating remedies to enforce the provisions of the Sherman Act or the kind of relief sought through contribution. The intent to allow courts to develop governing principles of law, so unmistakably clear with regard to substantive violations, does not appear in debates on the treble-damages action created[*644] in § 7 of the original Act, 26 Stat. 210. [16] Floyd, supra n. 6, at 228. In the Senate debates of 1890, Senator Morgan described the type of authority given the courts:

“Now, whoever recovers upon this statute, in whatever court he may go to, will recover upon the statute. It is very true that we use common-law terms here and common-law definitions in order to define an offense which is in itself comparatively new, but it is not a common-law jurisdiction that we are conferring upon the circuit courts of the United States.” 21 Cong. Rec. 3149 (1890) (emphasis added).

The Senator added that common-law actions in state courts might still exist, but recovery of treble damages would not be available, for its source is federal, not state, law. Ibid. This description of the power of federal courts under the Act suggests a sharp distinction between the lawmaking powers conferred in defining violations and the ability to fashion the relief available to parties claiming injury. [17]

In contrast to the sweeping language of §§ 1 and 2 of the Sherman Act, the remedial provisions defined in the antitrust laws are detailed and specific: (1) violations of §§ 1[*645] and 2 are crimes; (2) Congress has expressly authorized a private right of action for treble damages, costs, and reasonable attorney’s fees; [18] (3) other remedial sections also provide for suits by the United States to enjoin violations [19] or for injury to its “business or property,” [20] and parens patriae suits by state attorneys general; [21] (4) Congress has provided that a final judgment or decree of an antitrust violation in one proceeding will serve as prima facie evidence in any subsequent action or proceeding; [22] and (5) the remedial provisions in the antimerger field, not at issue here, are also quite detailed. [23]

“The presumption that a remedy was deliberately omitted from a statute is strongest when Congress has enacted a comprehensive legislative scheme including an integrated system of procedures for enforcement.” Northwest Airlines, Inc. v. Transport Workers, ante, at 97.

That presumption is strong indeed in the context of antitrust violations; the continuing existence of this statutory scheme for 90 years without amendments authorizing contribution is not without significance. There is nothing in the statute itself, in its legislative history, or in the overall regulatory scheme to suggest that Congress intended courts to have the power to alter or supplement the remedies enacted.

Our cases interpreting the treble-damages action, see, e. g., Hawaii v. Standard Oil Co., 405 U. S. 251 (1972); Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U. S. 321 (1971); Perma Life Mufflers, Inc. v. International Parts Corp., 392 U. S. 134 (1968), do not suggest that, in the past,[*646] we have invoked some broad-ranging common-law source for creating a cause of action. Nor does the judicial determination that defendants should be jointly and severally liable suggest that courts also may order contribution, since joint and several liability simply ensures that the plaintiffs will be able to recover the full amount of damages from some, if not all, participants. See Atlanta v. Chattanooga Foundry & Pipeworks, 127 F. 23, 26 (CA6 1903), aff’d, 203 U. S. 390 (1906). These cases do no more than identify the scope of the remedy Congress itself has provided. See Floyd, supra n. 6, at 227-231.

“In almost any statutory scheme, there may be a need for judicial interpretation of ambiguous or incomplete provisions. But the authority to construe a statute is fundamentally different from the authority to fashion a new rule or to provide a new remedy which Congress has decided not to adopt.” Northwest Airlines, Inc. v. Transport Workers, ante, at 97.

We are satisfied that neither the Sherman Act nor the Clayton Act confers on federal courts the broad power to formulate the right to contribution sought here.

IV

The policy questions presented by petitioner’s claimed right to contribution are far-reaching. In declining to provide a right to contribution, we neither reject the validity of those arguments nor adopt the views of those opposing contribution. Rather, we recognize that, regardless of the merits of the conflicting arguments, this is a matter for Congress, not the courts, to resolve.

The range of factors to be weighed in deciding whether a right to contribution should exist demonstrates the inappropriateness of judicial resolution of this complex issue. Ascertaining what is “fair” in this setting calls for inquiry into the entire spectrum of antitrust law, not simply the elements[*647] of a particular case or category of cases. Similarly, whether contribution would strengthen or weaken enforcement of the antitrust laws, or what form a right to contribution should take, cannot be resolved without going beyond the record of a single lawsuit. As in Diamond v. Chakrabarty, 447 U. S. 303, 317 (1980):

“The choice we are urged to make is a matter of high policy for resolution within the legislative process after the kind of investigation, examination, and study that legislative bodies can provide and courts cannot. That process involves the balancing of competing values and interests, which in our democratic system is the business of elected representatives. Whatever their validity, the contentions now pressed on us should be addressed to the political branches of the Government, the Congress and the Executive, and not to the courts.”

Accord, United States v. Topco Associates, 405 U. S. 596, 611-612 (1972).

Because we are unable to discern any basis in federal statutory or common law that allows federal courts to fashion the relief urged by petitioner, the judgment of the Court of Appeals is

Affirmed.

1

Compare Wilson P. Abraham Construction Corp. v. Texas Industries, Inc., 604 F. 2d 897 (CA5 1979) (this ease), and Olson Farms, Inc. v. Safeway Stores, Inc., 1979-2 Trade Cases ¶ 62,995 (CA10), rehearing en banc granted (Dec. 27, 1979), with Professional Beauty Supply, Inc. v. National Beauty Supply, Inc., 594 F. 2d 1179 (CA8 1979).

2

The complaint also named one of petitioner’s former employees as a codefendant; this employee has never been served.

3

The phrase “antitrust laws” includes the Sherman Act and the Clayton Act. 15 U. S. C. §12 (a).

4

In 1973, a federal grand jury in Louisiana issued indictments against petitioner, respondents (or their corporate predecessors), and certain employees charging a price-fixing conspiracy in violation of § 1 of the Sherman Act. Each defendant ultimately entered a plea of nolo contendere.

5

See, e. g., Solomon v. Houston Corrugated Box Co., 526 F. 2d 389, 392, n. 4 (CA5 1976); Simpson v. Union Oil Co., 311 F. 2d 764, 768 (CA9 1963); Northwestern Oil Co. v. Socony-Vacuum Oil Co., 138 F. 2d 967, 970 (CA7), cert. denied, 321 U. S. 792 (1943); Williamson v. Columbia Gas & Elec. Corp., 110 F. 2d 15, 18 (CA3 1939), cert. denied, 310 U. S. 639 (1940). Cf. Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 552 (1902). Although not expressly characterizing antitrust violations as tortious, our opinion in Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U. S. 321, 342-348 (1971), repeatedly referred to common-law rules and trends regarding release of joint tortfeasors in determining the validity of a release of an alleged antitrust violator.

6

See, e. g., Cirace, A Game Theoretic Analysis of Contribution and Claim Reduction in Antitrust Treble Damage Suits, 55 St. John’s L. Rev. 42 (1980); Corbett, Apportionment of Damages and Contribution Among Coconspirators in Antitrust Treble Damage Actions, 31 Ford. L. Rev. 111 (1962); Easterbrook, Landes, & Posner, Contribution Among Antitrust Defendants: A Legal and Economic Analysis, 23 J. Law & Econ. 331 (1980); Floyd, Contribution Among Antitrust Violators: A Question of Legal Process, 1980 B. Y. U. L. Rev. 183; Polinsky & Sha-vell, Contribution and Claim Reduction Among Antitrust Defendants: An Economic Analysis, 33 Stan. L. Rev. 447 (1981); Note, 63 Cornell L. Rev. 682 (1978); Note, 48 Geo. Wash. L. Rev. 749 (1980); Note, 93 Harv. L. Rev. 1540 (1980); Note, 78 Mich. L. Rev. 892 (1980); Note, 58 Texas L. Rev. 961 (1980); Recent Developments, 33 Vand. L. Rev. 979 (1980); Note, 66 Va. L. Rev. 797 (1980).

7

Of course, not all equitable principles apply in antitrust cases. For example, in Perma Life Mufflers, Inc. v. International Parts Corp., 392[*636] U. S. 134 (1968), the Court held that traditional notions of in pari delicto would not bar a franchisee from recovering from its franchisor even though the franchisee had sought a franchise and thus, to some degree, acquiesced in the scheme alleged to be illegal.

8

Economists disagree over whether business decisionmakers, be they the high-level or the middle-level management, are “risk averse”; i. e., they would prefer a greater certainty of a small loss to a less certain chance of a greater loss. Compare K. Elzinga & W. Breit, The Antitrust Penalties 126-129 (1976), with Easterbrook, Landes, & Posner, supra n. 6, at 352, n. 50. See also Polinsky & Shavell, supra n. 6, at 452-455; Shavell, Risk Sharing and Incentives in the Principal and Agent Relationship, 10 Bell J. Econ. 55 (1979).

9

A small business that mimics the practices of larger companies may be participating directly in the conspiracy or simply “tagging along” with larger companies. See, e. g., Markham, The Nature and Significance of Price Leadership, 41 Amer. Econ. Rev. 891 (1951); Posner, Oligopoly and the Antitrust Laws: A Suggested Approach, 21 Stan. L. Rev. 1562, 1582 (1969); Washburn, Price Leadership, 64 Va. L. Rev. 691, 693-697, 708-712 (1978). Although following industry leaders may help support an inference of agreement, “this Court has never held that proof of parallel business behavior [by itself] conclusively establishes agreement or, phrased differently, that such behavior itself constitutes a Sherman Act offense.” Theatre Enterprises, Inc. v. Paramount Film Distributing Corp., 346 U. S. 537, 541 (1954).

10

In Northwest Airlines, we decided that no such right .exists under the Equal Pay Act or Title VII, and we declined to fashion such a right from federal common law.

11

That Congress knows how to define a right to contribution is shown by the express actions for contribution under § 11 (f) of the Securities Act of 1933, 15 U. S. C. § 77k (f), and §§ 9 (e) and 18 (b) of the Securities Exchange Act of 1934, 15 U. S. C. §§ 78i (e) and 78r (b). Some courts have extrapolated from these provisions that when an implied right of action exists under the securities laws, there also is an implied right to contribution. See, e. g., Heizer Corp. v. Boss, 601 F. 2d 330 (CA7 1979); Globus, Inc. v. Law Research Service, Inc., 318 F. Supp. 955 (SDNY), aff’d, 442 F. 2d 1346 (CA2), cert. denied, 404 U. S. 941 (1971); De Haas v. Empire Petroleum Co., 286 F. Supp. 809 (Colo. 1968), aff’d in part, rev’d in part, 435 F. 2d 1223 (CA10 1970). We intimate no view as to the correctness of these decisions; in any event, they do not support implication of a right to contribution when a statute expressly creates a damages action but does not provide for contribution. See Northwest Airlines, Inc. v. Transport Workers, ante, at 91-92, n. 24.

12

See, e. g., United States v. Little Lake Misere Land Co., 412 U. S. 580 (1973); Clearfield Trust Co. v. United States, 318 U. S. 363 (1943).

13

See, e. g., Illinois v. Milwaukee, 406 U. S. 91 (1972); Banco Nacional de Cuba v. Sabbatino, 376 U. S. 398 (1964); Hinderlider v. La Plata River & Cherry Creek Ditch Co., 304 U. S. 92 (1938). Many of these eases arise from interstate water disputes. Such cases do not directly involve state boundaries, disputes over which more often come to this Court under our original jurisdiction; they\nonetheless involve especial federal concerns to which federal common law applies. In Hinderlider v. La Plata River & Cherry Creek Ditch Co., supra, at 110, decided the same day as Erie, the Court observed:

“Jurisdiction over controversies concerning rights in interstate streams is not different from those concerning boundaries. These have been recognized as presenting federal questions.”
14

See, e. g., Edmonds v. Compagnie Generale Transatlantique, 443 U. S. 256 (1979); Fitzgerald v. United States Lines Co., 374 U. S. 16 (1963).

15

Congress assumed the courts would refer to the existing law of monopolies and restraints on trade. See, e. g., Mitchel v. Reynolds, 1 P. Wms. 181, 24 Eng. Rep. 347 (K. B. 1711); Darcy v. Allein, 11 Co. Rep. 84, 77 Eng. Rep. 1260 (K. B. 1603). See generally P. Areeda, Antitrust Analysis 44 — 46 (3d ed. 1981); Letwin, The English Common Law Concerning Monopolies, 21 U. Chi. L. Rev. 355 (1954).

16

Section 4 of the Clayton Act, 15 U. S. C. § 15, which provides the private treble-damages action, derives from §7 of the Sherman Act as originally enacted. See H. R. Rep. No. 627, 63d Cong., 2d Sess., pt. 1, p. 14 (1914). Congress repealed the original § 7 in 1955, Act of July 7, 1955, ch. 283, 69 Stat. 282, as being redundant of Clayton Act § 4, H. R. Rep. No. 422, 84th Cong., 1st Sess., 2 (1955); S. Rep. No. 619, 84th Cong., 1st Sess., 2 (1955).

17

Courts, of course, should be wary of relying on the remarks of a single legislator, and Senator Morgan’s comments are not unambiguous. Yet it is clear that when the Sherman Act was adopted the common law did not provide a right to contribution among tortfeasors participating in proscribed conduct. One permissible, though not mandatory, inference is that Congress relied on courts’ continuing to apply principles in effect at the time of enactment. See, e. g., Edmonds v. Compagnie Generale Transatlantique, 443 U. S., at 273.

18

Clayton Act § 4 (original version at Sherman Act § 7).

19

Sherman Act § 4, 15 U. S. C. § 4.

20

Clayton Act §4A, 15 U. S. C. § 15a.

21

Clayton Act §§ 4C-4H, 15 U. S. C. §§ 15c-15h.

22

Clayton Act §5 (a), 15 U. S. C. § 16 (a).

23

Clayton Act §§ 7-11, 15 U. S. C. §§ 18-21.