Clayton Antitrust Act - Exemptions

Exemptions

An important difference between the Clayton Act and its predecessor, the Sherman act, is that the Clayton Act contained safe harbors for union activities. Section 6 of the Act (codified at 15 U.S.C. § 17) exempts labor unions and agricultural organizations, saying ‘that the labor of a human being is not a commodity or article of commerce, and permit labor organizations to carry out their legitimate objective’. 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.

Major League Baseball is another company exempt from the Clayton Antitrust Act due to the national heritage associated with it.

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