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

Summary

Requires executive agencies to get the Attorney General’s advice before selling or giving government property to a private person if the deal might raise antitrust concerns. Antitrust laws covered include the Sherman Act (main law against monopolies and price-fixing), the Clayton Act (rules about mergers and unfair business practices), the Federal Trade Commission Act (gives the FTC power to stop unfair competition), and two older Wilson Tariff Act provisions. The rule does not apply when the estimated fair market value of land or of personal property (other than patents, processes, techniques, or inventions) is under $3,000,000. An agency that plans such a disposal must quickly send the Attorney General a notice with likely terms. Except for the General Services Administration, the agency must also send the same notice to the GSA Administrator at the same time. The Attorney General must reply within a reasonable time, and no later than 60 days, saying whether the proposed deal would likely create or keep an antitrust problem. Agencies must give information the Attorney General asks for. These rules do not change antitrust laws or stop those laws from applying to people who acquire the property.

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