Mergers and the Clayton Act

By David Dale Martin | Go to book overview

6. Administration of Section 7 by Other Than the Federal Trade Commission from 1914 Through 1950

The primary responsibility for the administration of Section 7 has rested with the Federal Trade Commission. In the Clayton Act, however, Congress gave concurrent authority to the Justice Department to enforce the antitrust sections of the act through equity suits in the United States district courts.1 Section 11 of the Clayton Act originally provided for enforcement also by the Federal Reserve Board for banking corporations and by the Interstate Commerce Commission for common carriers. When Congress created the Federal Communications Commission and the Civil Aeronautics Authority, it also gave them jurisdiction over the substantive sections of the Clayton Act for corporations under their jurisdictions.2

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1
38 U.S. Stat. at L. 730-740( 1914). Section 15 provides: "That the several district courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this Act, and it shall be the duty of the several district attorneys of the United States in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations."
2
15 U.S.C.A. Section 21.

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