15 U.S.C. § 2070
Section 2070 · Criminal penalties
This is the Clayton Antitrust Act of 1914
Amended 2 times on record
Applied in 4 court decisions — leading case Aleo v. SLB Toys USA, Inc. (2013)
Most recently applied in Hinton v. Amazon.com.dedc, LLC (December 2014)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Violation of section 2068 of this title is punishable by—
(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;
(2) a fine determined under section 3571 of title 18; or
(3) both.
(b) Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of section 2068 of this title shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a) of this section.
(c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this chapter or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.
(2) In this subsection, the term “criminal violation” means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2008—Subsec. (a). Pub. L. 110–314, §217(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person who knowingly and willfully violates section 2068 of this title after having received notice of noncompliance from the Commission shall be fined not more than $50,000 or be imprisoned not more than one year, or both.”
Subsec. (b). Pub. L. 110–314, §217(c)(2), struck out “, and who has knowledge of notice of noncompliance received by the corporation from the Commission,” after “section 2068 of this title”.
Subsec. (c). Pub. L. 110–314, §217(d), added subsec. (c).