7 U.S.C. § 852
Marketing agreements with handlers; exemption from antitrust laws
In order to effectuate the policy declared in section 851 of this title the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with manufacturers and others engaged in the handling of anti-hog-cholera serum and hog-cholera virus only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects interstate or foreign commerce in such serum and virus. Such persons are in section 854 of this title referred to as “handlers.” The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful.
Notes of Decisions
Cited in 2
cases, 1946–1968 · leading case: Am. Coop. Serum Ass'n v. Anchor Serum Co., 153 F.2d 907 (7th Cir. 1946).
Am. Coop. Serum Ass'n v. Anchor Serum Co., 153 F.2d 907 (7th Cir. 1946). “The Serum and Virus Act, 7 U.S. C.A. § 852, provided that the making of such agreement should not be held in violation of any of the anti-trust laws.”
Alabama Power Co. v. Alabama Elec. Coop., Inc., 394 F.2d 672 (5th Cir. 1968). “, and the agreements are specifically exempted from antitrust laws, 7 U.S.C.A. § 852 . The exemption extends no further than to the agreement itself.”
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