15 U.S.C. § 26 — Injunctive relief for private parties; excep-

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 Page 40 TITLE 15—COMMERCE AND TRADE § 26a 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. (Oct. 15, 1914, ch. 323, § 16, 38 Stat. 737; Pub. L. 94–435, title III, § 302(3), Sept. 30, 1976, 90 Stat. 1396; Pub. L. 104–88, title III, § 318(3), Dec. 29, 1995, 109 Stat. 949.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12 of this title. AMENDMENTS 1995—Pub. L. 104–88 substituted ‘‘for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49’’ for ‘‘in equity for injunctive relief against any common carrier subject to the provisions of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, in respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission.’’ 1976—Pub. L. 94–435 inserted provision authorizing court to award costs, including attorneys’ fees, to a successful plaintiff. Statutory Notes and Related Subsidiaries 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. § 26a. Restrictions on the purchase of gasohol and synthetic motor fuel (a) Limitations on the use of credit instruments; sales, resales, and transfers Except as provided in subsection (b), it shall be unlawful for any person engaged in com- merce, in the course of such commerce, directly or indirectly to impose any condition, restric- tion, agreement, or understanding that— (1) limits the use of credit instruments in any transaction concerning the sale, resale, or transfer of gasohol or other synthetic motor fuel of equivalent usability in any case in which there is no similar limitation on trans- actions concerning such person’s conventional motor fuel; or (2) otherwise unreasonably discriminates against or unreasonably limits the sale, re- sale, or transfer of gasohol or other synthetic motor fuel of equivalent usability in any case in which such synthetic or conventional motor fuel is sold for use, consumption, or resale within the United States. (b) Credit fees; equivalent conventional motor fuel sales; labeling of pumps; product liabil- ity disclaimers; advertising support; fur- nishing facilities (1) Nothing in this section or in any other pro- vision of law in effect on December 2, 1980, which is specifically applicable to the sale of petro- leum products shall preclude any person referred to in subsection (a) from imposing a reasonable fee for credit on the sale, resale, or transfer of the gasohol or other synthetic motor fuel re- ferred to in subsection (a) if such fee equals no more than the actual costs to such person of ex- tending that credit. (2) The prohibitions in this section shall not apply to any person who makes available suffi- cient supplies of gasohol and other synthetic motor fuels of equivalent usability to satisfy his customers’ needs for such products, if the gas- ohol and other synthetic fuels are made avail- able on terms and conditions which are equiva- lent to the terms and conditions on which such person’s conventional motor fuel products are made available. (3) Nothing in this section shall— (A) preclude any person referred to in sub- section (a) from requiring reasonable labeling of pumps dispensing the gasohol or other syn- thetic motor fuel referred to in subsection (a) to indicate, as appropriate, that such gasohol or other synthetic motor fuel is not manufac- tured, distributed, or sold by such person; (B) preclude such person from issuing appro- priate disclaimers of product liability for dam- age resulting from use of the gasohol or other synthetic motor fuel; (C) require such person to provide adver- tising support for the gasohol or other syn- thetic motor fuel; or (D) require such person to furnish or provide, at such person’s own expense, any additional pumps, tanks, or other related facilities re- quired for the sale of the gasohol or other syn- thetic motor fuel. (c) ‘‘United States’’ defined As used in this section, ‘‘United States’’ in- cludes the several States, the District of Colum- bia, any territory of the United States, and any insular possession or other place under the juris- diction of the United States. (Oct. 15, 1914, ch. 323, § 26, as added Pub. L. 96–493, § 2, Dec. 2, 1980, 94 Stat. 2568.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of Pub. L. 96–493 as the ‘‘Gasohol Com- petition Act of 1980’’, see section 1 of Pub. L. 96–493, set out as a Short Title of 1980 Amendment note under sec- tion 1 of this title. § 26b. Application of antitrust laws to profes- sional major league baseball (a) Major league baseball subject to antitrust laws Subject to subsections (b) through (d), the conduct, acts, practices, or agreements of per- sons in the business of organized professional major league baseball directly relating to or af- fecting employment of major league baseball players to play baseball at the major league level are subject to the antitrust laws to the same extent such conduct, acts, practices, or agreements would be subject to the antitrust laws if engaged in by persons in any other pro- fessional sports business affecting interstate commerce. (b) Limitation of section No court shall rely on the enactment of this section as a basis for changing the application of