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16 U.S.C. § 2601 — Findings

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

16 U.S.C. § 2601 — Findings

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Page 2195 TITLE 16—CONSERVATION § 2602 § 2513. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–625, title X, § 1014, Nov. 10, 1978, 92 Stat. 3544, related to limitation of use of funds. See sec- tion 200511(e) of Title 54, National Park Service and Re- lated Programs. § 2514. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–625, title X, § 1015, Nov. 10, 1978, 92 Stat. 3544; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(M), Nov. 12, 1996, 110 Stat. 4196, related to sun- set and reporting provisions. CHAPTER 46—PUBLIC UTILITY REGULATORY POLICIES Sec. 2601. Findings. 2602. Definitions. 2603. Relationship to antitrust laws. SUBCHAPTER I—RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES 2611. Purposes. 2612. Coverage. 2613. Federal contracts. SUBCHAPTER II—STANDARDS FOR ELECTRIC UTILITIES 2621. Consideration and determination respecting certain ratemaking standards. 2622. Obligations to consider and determine. 2623. Adoption of certain standards. 2624. Lifeline rates. 2625. Special rules for standards. 2626. Reports respecting standards. 2627. Relationship to State law. SUBCHAPTER III—INTERVENTION AND JUDICIAL REVIEW 2631. Intervention in proceedings. 2632. Consumer representation. 2633. Judicial review and enforcement. 2634. Prior and pending proceedings. SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS 2641. Voluntary guidelines. 2642. Responsibilities of Secretary. 2643. Gathering information on costs of service. 2644. Relationship to other authority. 2645. Utility regulatory institute. § 2601. Findings The Congress finds that the protection of the public health, safety, and welfare, the preserva- tion of national security, and the proper exer- cise of congressional authority under the Con- stitution to regulate interstate commerce re- quire— (1) a program providing for increased con- servation of electric energy, increased effi- ciency in the use of facilities and resources by electric utilities, and equitable retail rates for electric consumers, (2) a program to improve the wholesale dis- tribution of electric energy, the reliability of electric service, the procedures concerning consideration of wholesale rate applications before the Federal Energy Regulatory Com- mission, the participation of the public in matters before the Commission, and to provide other measures with respect to the regulation of the wholesale sale of electric energy, (3) a program to provide for the expeditious development of hydroelectric potential at ex- isting small dams to provide needed hydro- electric power, (4) a program for the conservation of natural gas while insuring that rates to natural gas consumers are equitable, (5) a program to encourage the development of crude oil transportation systems, and (6) the establishment of certain other au- thorities as provided in title VI of this Act. (Pub. L. 95–617, § 2, Nov. 9, 1978, 92 Stat. 3119.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (6), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regu- latory Policies Act of 1978. Title VI of this Act enacted sections 824a–4 and 2645 of this title, section 918c of Title 7, Agriculture, and sections 717x to 717z of Title 15, Commerce and Trade, amended section 717f of Title 15 and sections 1311, 1312, and 1314 to 1316 of Title 30, Mineral Lands and Mining, and enacted provisions set out as a note under section 2621 of this title. For com- plete classification of this Act to the Code, see Short Title note below and Tables. CODIFICATION This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–617, § 1, Nov. 9, 1978, 92 Stat. 3117, provided that: ‘‘This Act [enacting this chapter, and sections 823a, 824a–1 to 824a–4, 824i to 824k, 825q–1, and 2701 to 2708 of this title, section 918c of Title 7, Agriculture, sections 717x to 717z and 3201 to 3211 of Title 15, Com- merce and Trade, section 6808 of Title 42, The Public Health and Welfare, and sections 2001 to 2012 of Title 43, Public Lands, amending sections 796, 824, 824a, 824d, and 825d of this title, section 717f of Title 15, sections 1311, 1312, and 1314 to 1316 of Title 30, Mineral Lands and Mining, and sections 6801 to 6807 of Title 42, and enact- ing provisions set out as notes under sections 824, 824a, 824d, 825d, and 2621 of this title] may be cited as the ‘Public Utility Regulatory Policies Act of 1978’.’’ § 2602. Definitions As used in this Act, except as otherwise spe- cifically provided— (1) The term ‘‘antitrust laws’’ includes the Sherman Antitrust Act (15 U.S.C. 1 and fol- lowing), the Clayton Act (15 U.S.C. 12 and fol- lowing), the Federal Trade Commission Act (15 U.S.C. 14[41] and following), the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A). (2) The term ‘‘class’’ means, with respect to electric consumers, any group of such con- sumers who have similar characteristics of electric energy use. (3) The term ‘‘Commission’’ means the Fed- eral Energy Regulatory Commission. (4) The term ‘‘electric utility’’ means any person, State agency, or Federal agency, which sells electric energy. (5) The term ‘‘electric consumer’’ means any person, State agency, or Federal agency, to which electric energy is sold other than for purposes of resale. (6) The term ‘‘evidentiary hearing’’ means—

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

15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; pen-

Page 3 TITLE 15—COMMERCE AND TRADE § 1 Sec. 4. Jurisdiction of courts; duty of United States attorneys; procedure. 5. Bringing in additional parties. 6. Forfeiture of property in transit. 6a. Conduct involving trade or commerce with foreign nations. 7. ‘‘Person’’ or ‘‘persons’’ defined. 7a. Definitions. 7a–1. Limitation on recovery. 7a–2. Rights, authorities, and liabilities not af- fected. 7a–3. Anti-retaliation protection for whistle- blowers. 8. Trusts in restraint of import trade illegal; penalty. 9. Jurisdiction of courts; duty of United States attorneys; procedure. 10. Bringing in additional parties. 11. Forfeiture of property in transit. 12. Definitions; short title. 13. Discrimination in price, services, or facilities. 13a. Discrimination in rebates, discounts, or ad- vertising service charges; underselling in particular localities; penalties. 13b. Cooperative association; return of net earn- ings or surplus. 13c. Exemption of non-profit institutions from price discrimination provisions. 14. Sale, etc., on agreement not to use goods of competitor. 15. Suits by persons injured. 15a. Suits by United States; amount of recovery; prejudgment interest. 15b. Limitation of actions. 15c. Actions by State attorneys general. 15d. Measurement of damages. 15e. Distribution of damages. 15f. Actions by Attorney General. 15g. Definitions. 15h. Applicability of parens patriae actions. 16. Judgments. 17. Antitrust laws not applicable to labor organi- zations. 18. Acquisition by one corporation of stock of an- other. 18a. Premerger notification and waiting period. 18b. Mergers involving foreign government sub- sidies. 19. Interlocking directorates and officers. 19a, 20. Repealed. 21. Enforcement pro

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15 U.S.C. § 12 — Definitions; short title

**(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”.

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15 U.S.C. § 12 — Definitions; short title

Page 19 TITLE 15—COMMERCE AND TRADE § 12 (Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.) § 8. Trusts in restraint of import trade illegal; penalty Every combination, conspiracy, trust, agree- ment, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or cor- porations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in vio- lation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months. (Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12, 1913, ch. 40, 37 Stat. 667.) Editorial Notes AMENDMENTS 1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin- cipal’’. Statutory Notes and Related Subsidiaries SHORT TITLE Section 77, formerly § 78, of act Aug. 27, 1894, as added by Pub. L. 94–435, title III,

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15 U.S.C. § 13 — Discrimination in price, services, or facilities

**(a) Price; selection of customers** It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing her

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15 U.S.C. § 13 — Discrimination in price, services, or facili-

Page 20 TITLE 15—COMMERCE AND TRADE § 13 ‘‘Commerce,’’ as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Co- lumbia 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 cor- porations and associations existing under or au- thorized 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’’. (Oct. 15, 1914, ch. 323, § 1, 38 Stat. 730; Pub. L. 94–435, title III, § 305(b), Sept. 30, 1976, 90 Stat. 1397; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(A), Nov. 2, 2002, 116 Stat. 1921.) Editorial Notes REFERENCES IN TEXT Words ‘‘herein’’ and ‘‘this Act’’, referred to in the three paragraphs of subsec. (a), mean the Clayton Act. For classification of the Clayton Act to the Code, see last paragraph hereunder. The Act entitled ‘‘An Act to protect trade and com- merce against unlawful restraints and monopolies,’’ ap- proved July second, eighteen hundred and ninety, re- ferred to in subsec. (a), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classi- fied to

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15 U.S.C. § 14 — Sale, etc., on agreement not to use goods of competitor

It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.

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15 U.S.C. § 14 — Sale, etc., on agreement not to use goods of

Page 22 TITLE 15—COMMERCE AND TRADE § 13c § 13c. Exemption of non-profit institutions from price discrimination provisions Nothing in the Act approved June 19, 1936, known as the Robinson-Patman Antidiscrimina- tion Act, shall apply to purchases of their sup- plies for their own use by schools, colleges, uni- versities, public libraries, churches, hospitals, and charitable institutions not operated for profit. (May 26, 1938, ch. 283, 52 Stat. 446.) Editorial Notes REFERENCES IN TEXT The Act approved June 19, 1936, known as the Robin- son-Patman Antidiscrimination Act, referred to in text, is act June 19, 1936, ch. 592, 49 Stat. 1526, also known as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 13 of this title and Tables. § 14. Sale, etc., on agreement not to use goods of competitor It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory there- of or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or under- standing that the lessee or purchaser thereof shall not use or deal in the goods, wares, mer- chandise, machinery, supplies, or other com- modities of a competitor or competitors of the lessor or seller, where the effect of such leas

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15 U.S.C. § 8 — Trusts in restraint of import trade illegal; penalty

Every combination, conspiracy, trust, agreement, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or corporations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in violation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.

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15 U.S.C. § 8 — Trusts in restraint of import trade illegal;

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