Sherman Antitrust Act

( 1890 ) Commentary by Lisa A. Ennis, University of Alabama at Birmingham

“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 hereby declared to be illegal.” - Section 1
“Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.” - Section 2
“Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefore in any circuit court of the United States in the district in which the defendant resides or is found … and shall recover three fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.” - Section 7

Senator John Sherman of Ohio (Library of Congress)

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