15 U.S.C. § 3432 — Effect on State laws

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-