The Clayton Antitrust Act of 1915 was introduced by Alabama Democrat Henry De Lamar Clayton in the U.S. House of Representatives, The Clayton act specified particular prohibited conduct, the three-level enforcement scheme, exemptions, and remedial measures. The Sherman Antitrust Act of 1890 was the first Federal law outlawing practices considered harmful to consumers, monopolies and cartels). The Clayton Antitrust Act of 1915, 15 U.S.C. § 12–27, 29 U.S.C. § 52–53), was enacted in the United States to add to the U.S. antitrust law regime.
The Clayton Act prohibits price discrimination between different purchasers if such discrimination substantially lessens competition or tends to create a monopoly in any line of commerce. The Clayton Antitrust Act of 1915 Section 3 clarifies that both horizontal and vertical agreements are within the scope of federal antitrust law. The Clayton Antitrust Act of 1915 Section 7 allows the FTC and DOJ to regulate all mergers, and gives the government discretion whether to approve a merger or not. It is a recognizable fact that exclusive dealings and tying arrangements are quite common, and potentially beneficial to consumers, and the economy. Therefore, the Court has seen fit not to apply a per se rule to The Clayton Antitrust Act of 1915 Section 3 conduct.
The Clayton Antitrust Act of 1915 confers safe harbor for union activities. Section 6 of
the The Clayton Antitrust Act of 1915 (codified at 15 U.S.C. § 17) exempts labor unions
and agricultural organizations. Therefore, boycotts, peaceful strikes, peaceful picketing,
and collective bargaining are not regulated by this statute. Injunctions could be used to
settle labor disputes only when property damage was threatened.
The Clayton Antitrust Act of 1915 Enforcement
The Clayton Antitrust Act of 1915 empowers private parties injured by violations of the Act to sue for treble damages under Section 4 and injunctive relief under Section 16. The Clayton Antitrust Act of 1915 is also enforced by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice.