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15 U.S.C. § 4016 — Protection conferred by certificate of review

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4016 — Protection conferred by certificate of review

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Stable record: federal_law:legal_authorities:record_usc_b2b727a64227b43498dd8fd9
Source file: Laws/federal/codes/united-states-code/title-15/section-4016-protection-conferred-by-certificate-of-review--134a02d2c9.md
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Source location: Title 15, Chapter 66, § 4016; chapter-066-promotion-of-export-trade.md

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**(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 of 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) but in any event within four years after the cause of action accrues. (3) In any action brought under paragraph (1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does 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). (4) In any action brought under paragraph (1), if the court finds that the conduct does 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), the court shall award to the person against whom the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney’s fee). (5) The Attorney General may file suit pursuant to [section 25 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section25&num=0&edition=prelim) to enjoin conduct threatening clear and irreparable harm to the national interest.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 26 — Injunctive relief for private parties; exception; costs

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

15 U.S.C. § 4011 — Export trade promotion duties of Secretary of Commerce

To promote and encourage export trade, the Secretary may issue certificates of review and advise and assist any person with respect to applying for certificates of review.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4013 — Issuance of certificate

**(a) Requirements** A certificate of review shall be issued to any applicant that establishes that its specified export trade, export trade activities, and methods of operation will— (1) result in neither a substantial lessening of competition or restraint of trade within the United States nor a substantial restraint of the export trade of any competitor of the applicant, (2) not unreasonably enhance, stabilize, or depress prices within the United States of the goods, wares, merchandise, or services of the class exported by the applicant, (3) not constitute unfair methods of competition against competitors engaged in the export of goods, wares, merchandise, or services of the class exported by the applicant, and (4) not include any act that may reasonably be expected to result in the sale for consumption or resale within the United States of the goods, wares, merchandise, or services exported by the applicant. **(b) Time for determination; specification in certificate** Within ninety days after the Secretary receives an application for a certificate of review, the Secretary shall determine whether the applicant’s export trade, export trade activities, and methods of operation meet the standards of subsection (a). If the Secretary, with the concurrence of the Attorney General, determines that such standards are met, the Secretary shall issue to the applicant a certificate of review. The certificate of review shall specify— (1) the export trade, export trade activities, and methods of operation to which the certificate applies, (2) the person to whom the certificate of review is issued, and (3) any terms and conditions the Secretary or the Attorney General deems necessary to assure compliance with the standards of subsection (a). **(c) Expedited action** If the

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 25 — Restraining violations; procedure

The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of this Act, and it shall be the duty of the several United States attorneys, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition, the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition, and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. Whenever it shall appear to the court before which any such proceeding may be pending that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned whether they reside in the district in which the court is held or not, and subpoenas to that end may be served in any district by the marshal thereof.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4016 — Protection conferred by certificate of re-

Page 2098 TITLE 15—COMMERCE AND TRADE § 4015 Attorney General in charge of the antitrust di- vision of the Department of Justice, may con- duct investigations in the same manner as the Attorney General and the Assistant Attorney General conduct investigations under section 1312 of this title, except that no civil investiga- tive demand may be issued to a person to whom a certificate of review is issued if such person is the target of such investigation. (Pub. L. 97–290, title III, § 304, Oct. 8, 1982, 96 Stat. 1242.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. § 4015. Judicial review; admissibility (a) District court review of grants or denials; er- roneous determination If the Secretary grants or denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or modifies a certificate pursuant to section 4014(b) of this title, any person aggrieved by such determination may, within 30 days of the determination, bring an action in any appro- priate district court of the United States to set aside the determination on the ground that such determination is erroneous. (b) Exclusive provision for review Except as provided in subsection (a), no action by the Secretary or the Attorney General pursu- ant to this subchapter shall be subject to judi- cial review. (c) Inadmissibility in antitrust proceedings If the Secretary denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or amends a certificate, neither the negative deter- mination nor the statement of reasons therefor shall be admissible in e

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