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15 U.S.C. § 26 — Injunctive relief for private parties; exception; costs
Federal law — U.S. Code and appendices · legal_authorities
Any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections 13, 14, 18, and 19 of this title, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff.
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Source file: Laws/federal/codes/united-states-code/title-15/section-26-injunctive-relief-for-private-parties-exception-costs--2254694c8f.md
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Source location: Title 15, Chapter 1, § 26; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md
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Any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections 13, 14, 18, and 19 of this title, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 12
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection from civil or criminal antitrust actions** Except as provided in subsection (b), no criminal or civil action may be brought under the antitrust laws against a person to whom a certificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under [section 4013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4013&num=0&edition=prelim) which certificate was in effect when the conduct occurred.
**(b) Special restraint of trade civil actions; time limitations; certificate governed conduct presumed in compliance; award of costs to successful defendant; suit by Attorney General**
(1) Any person who has been injured as a result of conduct engaged in under a certificate of review may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney’s fee) for the failure to comply with the standards of [section 4013(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4013/a&num=0&edition=prelim). Any action commenced under this subchapter shall proceed as if it were an action commenced under section 15 or [section 26 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section26&num=0&edition=prelim), except that the standards of [section 4013(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4013/a&num=0&edition=prelim) and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action.
(2) Any action brought under paragraph (1) shall be filed within two years of the date the plaintiff has notice o
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The antitrust laws do not apply to—
(1) an agreement (including an assessment agreement) that has been filed and is effective under this chapter;
(2) an agreement that is exempt under [section 40103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40103&num=0&edition=prelim) from any requirement of this part;
(3) an agreement or activity within the scope of this part, whether permitted under or prohibited by this part, undertaken or entered into with a reasonable basis to conclude that it is—
(A) pursuant to an agreement on file with the Federal Maritime Commission and in effect when the activity takes place; or
(B) exempt under [section 40103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40103&num=0&edition=prelim) from any filing or publication requirement of this part;
(4) an agreement or activity relating to transportation services within or between foreign countries, whether or not via the United States, unless the agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States;
(5) an agreement or activity relating to the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade;
(6) an agreement or activity to provide wharfage, dock, warehouse, or other terminal facilities outside the United States; or
(7) an agreement, modification, or cancellation approved before June 18, 1984, by the Commission under section 15 of the Shipping Act, 1916, or permitted under section 14b of that Act, and any properly published tariff, rate, fare, or charge, or classification, rule, or regulation explanatory thereof implementing that a
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 40307
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Federal law — U.S. Code and appendices · legal_authorities
Page 39
TITLE 15—COMMERCE AND TRADE
§ 26
to the Code, see Short Title note set out under section
13 of this title and Tables.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of Federal Trade Commis-
sion, with certain exceptions, to Chairman of such
Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May
24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section
41 of this title.
§ 22. District in which to sue corporation
Any suit, action, or proceeding under the anti-
trust laws against a corporation may be brought
not only in the judicial district whereof it is an
inhabitant, but also in any district wherein it
may be found or transacts business; and all proc-
ess in such cases may be served in the district of
which it is an inhabitant, or wherever it may be
found.
(Oct. 15, 1914, ch. 323, § 12, 38 Stat. 736.)
Editorial Notes
REFERENCES IN TEXT
The antitrust laws, referred to in text, are defined in
section 12 of this title.
§ 23. Suits by United States; subpoenas for wit-
nesses
In any suit, action, or proceeding brought by
or on behalf of the United States subpoenas for
witnesses who are required to attend a court of
the United States in any judicial district in any
case, civil or criminal, arising under the anti-
trust laws may run into any other district: Pro-
vided, That in civil cases no writ of subpoena
shall issue for witnesses living out of the dis-
trict in which the court is held at a greater dis-
tance than one hundred miles from the place of
holding the same without the permission of the
trial court being first had upon proper applica-
tion and cause shown.
(Oct. 15, 1914, ch. 323, § 13, 38 Stat. 736.)
Editorial Notes
REFERENCES IN TEXT
The antitrust laws, referred to in text, are defined in
section 12
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 26
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