The words “export trade” wherever used in this subchapter mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words “export trade” shall not be deemed to include the production, manufacture, or selling for consumption or for resale, within the United States or any Territory thereof, of such goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for consumption or for resale.
The words “trade within the United States” wherever used in this subchapter mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State or States.
The word “association” wherever used in this subchapter means any corporation or combination, by contract or otherwise, of two or more persons, partnerships, or corporations.
Notes of Decisions
United States v. Concentrated Phosphate Exp. Assn., Inc., 393 U.S. 199 (1968).
· cites it 10× “within the United States," § 1, 15 U. S. C. § 61 ; and the association was forbidden to enter into any agreement "which artificially or intentionally enhances or depresses prices within the United States .”
Pfizer Inc. v. Gov't of India, 434 U.S. 308 (1978).
· cites it 4× “516 , as amended, 15 U. S. C. § 61 et seq., passed within only a few years of the Clayton Act, indicates that such a concern may instead be served at the expense of foreign states and consumers.”
Minn-Chem, Incorpora v. Agrium Inco, 683 F.3d 845 (7th Cir. 2012).
“Export cartels are often exempt from a country’s antitrust laws: the United States does just that, through its Webb-Pomerene Associations, see 15 U.S.C. §§ 61 et seq., and Export Trading Companies, see 15 U.”
Citronelle-Mobile Gathering, Inc. v. Edwards, 669 F.2d 717 (Temp. Emerg. Ct. App. 1982).
“In making its decision the Supreme Court examined the purpose of the act in light of transactions occurring in attempts to take advantage of the Act.”
Int'l Raw Materials, Ltd. v. Stauffer Chem. Co., 716 F. Supp. 188 (E.D. Pa. 1989).
· cites it 2× “Background The issue before the Court is the extent of an export trade association’s antitrust exemption under the Webb-Pomerene Act, 15 U.S.C. § 61 et seq. Plaintiff International Raw Materials, Ltd.”
United States v. Gen. Elec. Co., 115 F. Supp. 835 (D.N.J. 1953).
“effect with respect to operations or activities of any defendant which relate exclusively to acts and operations outside of the United States and which are not violative of the Anti-Trust Laws; nor shall anything contained in this Judgment prevent any defendant from availing…”
Branch v. Fed. Trade Comm'n, 141 F.2d 31 (7th Cir. 1944).
“516 , 517, 15 U.S. C.A. §§ 61, 64. Section 1 of the Act defines export trade as “ * * * trade or commerce in goods, wares, or merchandise exported * * * from the United States * * * to any foreign nation * * Section 4 of the Act provides that “The prohibition against ‘unfair…”
United States v. United States Alkali Exp. Ass'n, 86 F. Supp. 59 (S.D.N.Y. 1949).
“ereby the export of alkalis from the United States to many markets of the world has been restricted; the import of alkalis into the United States from abroad has been prohibited; the production of alkalis within the United States has been curtailed and limited; competition…”
United States v. Ry. Express Agency, Inc., 89 F. Supp. 981 (D. Del. 1950).
“In rejecting this contention, the Supreme Court made this statement: “During the twenty-eight years between the enactment of the Sherman Act and the passage of the Webb-Pomerene Act, the plenary authority and settled practice of the Department of Justice to institute anti-trust…”
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