15 U.S.C. § 3502 — Price fixing agreements, horizontal re-

Page 2018 TITLE 15—COMMERCE AND TRADE § 3432 this title, effective as of the date such gas ceases to be subject to such maximum lawful price.’’ Pub. L. 101–60, § 3(a)(7)(A), substituted ‘‘Certain addi- tional natural gas’’ for ‘‘Alaskan natural gas’’ in head- ing and amended text generally. Prior to amendment, text read as follows: ‘‘Subparagraph (B)(ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976.’’ Subsec. (b)(1)(A). Pub. L. 101–60, § 3(b)(7)(E), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if— ‘‘(i) such amount does not exceed the applicable maximum lawful price established under subchapter I of this chapter; or ‘‘(ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant to part B of subchapter I of this chapter.’’ Subsec. (b)(1)(D). Pub. L. 101–60, § 3(b)(7)(F), struck out before period at end ‘‘if such amount does not ex- ceed the applicable maximum lawful price established under subchapter I of this chapter’’. Subsec. (c)(2). Pub. L. 101–60, § 3(a)(7)(B), substituted ‘‘purchase of natural gas if, under subsection (b) of this section, such amount is deemed to be just and reason- able for purposes of sections 4 and 5 of such Act,’’ for ‘‘purchase of natural gas if— ‘‘(A) under subsection (b) of this section, such amount is deemed to be just and reasonable for pur- poses of sections 4 and 5 of such Act, and ‘‘(B) such recovery is not inconsistent with any re- quirement of any rule under section 3341 of this title (including any amendment under section 3342 of this title),’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 3(b)(7) of Pub. L. 101–60 effec- tive Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title. § 3432. Effect on State laws (a) Authority to prescribe maximum lawful prices Nothing in this chapter shall affect the au- thority of any State to establish or enforce any maximum lawful price for the first sale of nat- ural gas produced in such State. (b) Common carriers No person shall be subject to regulation as a common carrier under any provision of Federal or State law by reason of any transportation— (1) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (i) of this title; or (2) authorized by the Commission under sec- tion 3371(a) of this title. (Pub. L. 95–621, title VI, § 602, Nov. 9, 1978, 92 Stat. 3411; Pub. L. 101–60, § 3(b)(8), July 26, 1989, 103 Stat. 159.) Editorial Notes AMENDMENTS 1989—Subsec. (a). Pub. L. 101–60 struck out ‘‘lower’’ after ‘‘prescribe’’ in heading and struck out before pe- riod at end ‘‘which does not exceed the applicable max- imum lawful price, if any, under subchapter I of this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title. CHAPTER 61—SOFT DRINK INTERBRAND COMPETITION Sec. 3501. Exclusive territorial licenses to manufacture, distribute, and sell trademarked soft drink products; ultimate resale to consumers; substantial and effective competition. 3502. Price fixing agreements, horizontal restraints of trade, or group boycotts. 3503. ‘‘Antitrust law’’ defined. § 3501. Exclusive territorial licenses to manufac- ture, distribute, and sell trademarked soft drink products; ultimate resale to con- sumers; substantial and effective competition Nothing contained in any antitrust law shall render unlawful the inclusion and enforcement in any trademark licensing contract or agree- ment, pursuant to which the licensee engages in the manufacture (including manufacture by a sublicensee, agent, or subcontractor), distribu- tion, and sale of a trademarked soft drink prod- uct, of provisions granting the licensee the sole and exclusive right to manufacture, distribute, and sell such product in a defined geographic area or limiting the licensee, directly or indi- rectly, to the manufacture, distribution, and sale of such product only for ultimate resale to consumers within a defined geographic area: Provided, That such product is in substantial and effective competition with other products of the same general class in the relevant market or markets. (Pub. L. 96–308, § 2, July 9, 1980, 94 Stat. 939.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–308, § 1, July 9, 1980, 94 Stat. 939, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Soft Drink Interbrand Competition Act’.’’ SUSPENSION OF STATUTE OF LIMITATIONS ON INSTITU- TION OF ANTITRUST PROCEEDINGS BY UNITED STATES; ENFORCEMENT OF TRADEMARK LICENSING AGREEMENT PROVISIONS CONCERNING SOFT DRINK PRODUCTS Pub. L. 96–308, § 4, July 9, 1980, 94 Stat. 939, provided that: ‘‘In the case of any proceeding instituted by the United States described in subsection (i) of section 5 of the Clayton Act (relating to suspension of the statute of limitations on the institution of proceedings by the United States) (15 U.S.C. 16(i)) which is pending on the date of the enactment of this Act [July 9, 1980], that subsection shall not apply with respect to any right of action referred to in that subsection based in whole or in part on any matter complained of in that proceeding consisting of the existence or enforcement of any provi- sion described in section 2 of this Act [this section] in any trademark licensing contract or agreement de- scribed in that section.’’ § 3502. Price fixing agreements, horizontal re- straints of trade, or group boycotts Nothing in this chapter shall be construed to legalize the enforcement of provisions described in section 3501 of this title in trademark licens- Page 2019 TITLE 15—COMMERCE AND TRADE § 3602 ing contracts or agreements described in that section by means of price fixing agreements, horizontal restraints of trade, or group boycotts, if such agreements, restraints, or boycotts would otherwise be unlawful. (Pub. L. 96–308, § 3, July 9, 1980, 94 Stat. 939.) § 3503. ‘‘Antitrust law’’ defined As used in this chapter, the term ‘‘antitrust law’’ means the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), and the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (Pub. L. 96–308, § 5, July 9, 1980, 94 Stat. 939.) Editorial Notes REFERENCES IN TEXT The Sherman Act (15 U.S.C. 1 et seq.), referred to in text, is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1 of this title and Tables. The Clayton Act (15 U.S.C. 12 et seq.), referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete clas- sification of this Act to the Code, see section 58 of this title and Tables. CHAPTER 62—CONDOMINIUM AND COOPER- ATIVE CONVERSION PROTECTION AND ABUSE RELIEF Sec. 3601. Congressional findings and purpose. 3602. Conversion lending. 3603. Definitions. 3604. Exemptions. 3605. Notice of conversion and opportunity to pur- chase; responsibility of State and local gov- ernments. 3606. Federal Housing Administration mortgage or loan insurance; expedition of application process and decision. 3607. Termination of self-dealing contracts. 3608. Judicial determinations respecting uncon- scionable leases. 3609. Void lease or contract provisions. 3610. Relationship of statutory provisions to State and local laws. 3611. Additional remedies. 3612. Concurrent State and Federal jurisdiction; venue; removal of cases. 3613. Limitation of actions. 3614. Waiver of rights as void. 3615. Nonexclusion of other statutory rights and remedies. 3616. Separability. § 3601. Congressional findings and purpose (a) The Congress finds and declares that— (1) there is a shortage of adequate and af- fordable housing throughout the Nation, espe- cially for low- and moderate-income and elder- ly and handicapped persons; (2) the number of conversions of rental hous- ing to condominiums and cooperatives is ac- celerating, which in some communities may restrict the shelter options of low- and mod- erate-income and elderly and handicapped per- sons; (3) certain long-term leasing arrangements for recreation and other condominium- or co- operative-related facilities which have been used in the formation of cooperative and con- dominium projects may be unconscionable; in certain situations State governments are un- able to provide appropriate relief; as a result of these leases, economic and social hardships may have been imposed upon cooperative and condominium owners, which may threaten the continued use and acceptability of these forms of ownership and interfere with the interstate sale of cooperatives and condominiums; appro- priate relief from these abuses requires Fed- eral action; and (4) there is a Federal involvement with the cooperative and condominium housing mar- kets through the operation of Federal tax, housing, and community development laws, through the operation of federally chartered and insured financial institutions, and through other Federal activities; that the cre- ation of many condominiums and cooperatives is undertaken by entities operating on an interstate basis. (b) The purposes of this chapter are to seek to minimize the adverse impacts of condominium and cooperative conversions particularly on the housing opportunities of low- and moderate-in- come and elderly and handicapped persons, to assure fair and equitable principles are followed in the establishment of condominium and coop- erative opportunities, and to provide appro- priate relief where long-term leases of recre- ation and other cooperative- and condominium- related facilities are determined to be uncon- scionable. (Pub. L. 96–399, title VI, § 602, Oct. 8, 1980, 94 Stat. 1672.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–399, title VI, § 618, Oct. 8, 1980, 94 Stat. 1680, provided that: ‘‘The provisions of this title [enacting this chapter] shall become effective upon enactment [Oct. 8, 1980], except that section 609 [section 3608 of this title], and the prohibition included in section 610 [section 3609 of this title] as it relates to a lease with respect to which a cause of action may be established under section 609, shall become effective one year after enactment.’’ SHORT TITLE Pub. L. 96–399, title VI, § 601, Oct. 8, 1980, 94 Stat. 1672, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Condominium and Cooperative Abuse Relief Act of 1980’.’’ § 3602. Conversion lending It is the sense of the Congress that lending by federally insured lending institutions for the conversion of rental housing to condominiums and cooperative housing should be discouraged where there are adverse impacts on housing op- portunities of the low- and moderate-income and elderly and handicapped tenants involved.