§559 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Agencies must get advice from the Attorney General before they sell or give property to a private party if the deal might create or keep a competition problem under antitrust law. "Antitrust law" here means the Sherman Act, the Clayton Act, the Federal Trade Commission Act, and sections 73 and 74 of the Wilson Tariff Act. Sales of real property or most personal property under $3,000,000 do not need that advice. Agencies must quickly send the AG notice of the proposed deal and likely terms, and (except GSA) also send a copy to the General Services Administrator. The AG must reply within a reasonable time, no later than 60 days, and can ask agencies for more information. This rule does not change or limit antitrust laws or how they apply to buyers.

Title 40, §559

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this section, the term “antitrust law” includes—

(1)the Sherman Act (15 U.S.C. 1 et seq.);

(2)the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);

(3)the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and

(4)section 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).

(b)(1)An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law.

(2)This section does not apply to disposal of—

(A)real property, if the estimated fair market value is less than $3,000,000; or

(B)personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000.

(c)(1)An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General.

(2)Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to the Administrator of General Services.

(d)Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attorney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law.

(e)On request from the Attorney General, the head of an executive agency shall furnish information the agency possesses that the Attorney General determines is appropriate or necessary to—

(1)give advice required by this section; or

(2)determine whether any other disposition or proposed disposition of surplus property violates antitrust law.

(f)This subtitle does not impair, amend, or modify antitrust law or limit or prevent application of antitrust law to a person acquiring property under this subtitle.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 55940:488.June 30, 1949, ch. 288, title II, § 207, 63 Stat. 391; Pub. L. 85–680, Aug. 19, 1958, 72 Stat. 631; Pub. L. 100–612, § 7, Nov. 5, 1988, 102 Stat. 3182. In subsection (e), the words “the head of an executive agency” are substituted for “the Administrator or any other executive agency”, the words “or cause to be furnished” are omitted, and the words “information the agency possesses” are substituted for “such information as the Administrator or such other executive agency may possess”, to eliminate unnecessary words.

Editorial Notes

References in Text

The Sherman Act, referred to in subsec. (a)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 1 of Title 15 and Tables. The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to section 12, 13, 14 to 19, 21, 22 to 27 of Title 15, Commerce and Trade, and section 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

§559 Advice of Attorney General with respect to antitrust law