15 U.S.C. § 21a — Actions and proceedings pending prior to

Page 38 TITLE 15—COMMERCE AND TRADE § 21a ity of orders, and subsec. (l), prescribing the civil pen- alty for violation of orders. 1958—Pub. L. 85–791, § 4(a), struck out ‘‘a transcript of’’ after ‘‘Until’’ in last sentence of second par. Pub. L. 85–791, § 4(b), substituted in first sentence of third par., ‘‘file the record in the proceeding, as pro- vided in section 2112 of title 28’’ for ‘‘certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the Commission or Board’’, and in second sentence of third par., struck out ‘‘and tran- script’’ after ‘‘application’’, inserted ‘‘concurrently with the Commission or Board until the filing of the record’’, and struck out ‘‘upon the pleadings, testi- mony, and proceedings set forth in such transcript’’ after ‘‘make and enter’’. Pub. L. 85–791, § 4(c), substituted in second sentence of fourth par., ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’ and ‘‘shall file in the court the record in the proceeding, as provided in section 2112 of title 28’’ for ‘‘forthwith shall certify and file in the court a transcript of the record in the proceeding, as hereinbefore provided’’, and in third sentence of fourth paragraph substituted ‘‘such petition’’ for ‘‘the tran- script’’ and inserted ‘‘determined as provided in section 1009(e) of title 5,’’. Pub. L. 85–791, § 4(d), substituted in fifth par., ‘‘Upon the filing of the record with it the’’ for ‘‘The’’. 1950—Act Dec. 29, 1950, amended section generally to allow the Attorney General to intervene and appear in any proceeding brought by any Commission or Board to enforce sections 13, 14, 18, and 19 of this title, but the amendment in nowise affects the jurisdiction of the De- partment of Justice to enforce these sections in the courts. 1938—Act June 23, 1938, inserted ‘‘in the Civil Aero- nautics Authority where applicable to air carriers and foreign air carriers subject to the Civil Aeronautics Act of 1938’’, and ‘‘authority’’ after ‘‘commission’’ wherever appearing. 1935—Act Aug. 23, 1935, changed the name of Federal Reserve Board to Board of Governors of the Federal Re- serve System. 1934—Act June 19, 1934, amended first par. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1959 AMENDMENT Section 2 of Pub. L. 86–107 provided that: ‘‘The amendments made by section 1 [amending this section] shall have no application to any proceeding initiated before the date of enactment of this Act [July 23, 1959] under the third or fourth paragraph of section 11 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21) [this section]. Each such pro- ceeding shall be governed by the provisions of such sec- tion as they existed on the day preceding the date of enactment of this Act.’’ 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. § 21a. Actions and proceedings pending prior to June 19, 1936; additional and continuing vio- lations Nothing herein contained shall affect rights of action arising, or litigation pending, or orders of the Federal Trade Commission issued and in ef- fect or pending on review, based on section 13 of this title, prior to June 19, 1936: Provided, That where, prior to June 19, 1936, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of section 13 of this title, and such order is pending on review or is in effect, either as issued or as affirmed or modified by a court of competent ju- risdiction, and the Commission shall have rea- son to believe that such person has committed, used or carried on, since June 19, 1936, or is com- mitting, using or carrying on, any act, practice or method in violation of any of the provisions of said section 13 of this title, it may reopen such original proceedings and may issue and serve upon such person its complaint, supple- mentary to the original complaint, stating its charges in that respect. Thereupon the same proceedings shall be had upon such supple- mentary complaint as provided in section 21 of this title. If upon such hearing the Commission shall be of the opinion that any act, practice, or method charged in said supplementary com- plaint has been committed, used, or carried on since June 19, 1936, or is being committed, used or carried on, in violation of said section 13 of this title, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending its original order to include any additional violations of law so found. Thereafter the provisions of section 21 of this title, as to review and enforcement of or- ders of the Commission shall in all things apply to such modified or amended order. If upon re- view as provided in said section 21 of this title the court shall set aside such modified or amended order, the original order shall not be affected thereby, but it shall be and remain in force and effect as fully and to the same extent as if such supplementary proceedings had not been taken. (June 19, 1936, ch. 592, § 2, 49 Stat. 1527.) Editorial Notes REFERENCES IN TEXT Nothing herein contained, referred to in text, prob- ably means nothing contained in act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Pat- man Antidiscrimination Act and also as the Robinson- Patman Price Discrimination Act, which enacted sec- tions 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act 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 of this title. § 24. Liability of directors and agents of corpora- tion Whenever a corporation shall violate any of the penal provisions of the antitrust laws, such violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation, and such violation shall be deemed a misdemeanor, and upon conviction therefor of any such director, officer, or agent he shall be punished by a fine of not exceeding $5,000 or by imprisonment for not exceeding one year, or by both, in the discretion of the court. (Oct. 15, 1914, ch. 323, § 14, 38 Stat. 736.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12 of this title. § 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 attor- neys, in their respective districts, under the di- rection 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 pray- ing that such violation shall be enjoined or oth- erwise 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 tem- porary 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 jus- tice 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. (Oct. 15, 1914, ch. 323, § 15, 38 Stat. 736; June 25, 1948, ch. 646, § 1, 62 Stat. 909.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sec- tions 12, 13, 14 to 19, 20, 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys of the United States’’. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. § 26. Injunctive relief for private parties; excep- tion; 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 threat- ened conduct that will cause loss or damage is granted by courts of equity, under the rules gov- erning such proceedings, and upon the execution of proper bond against damages for an injunc- tion improvidently granted and a showing that the danger of irreparable loss or damage is im- mediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corpora- tion, or association, except the United States, to bring suit for injunctive relief against any com- mon carrier subject to the jurisdiction of the