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15 U.S.C. § 26Injunctive relief for private parties; exception; costs

submitted 112 years ago by ch. 323 to r/title-15-COMMERCE-AND-TRADE · 188 words · no verdicts yet

in plain englishAI-generated · not legal advice

Any person or business threatened with loss from an antitrust violation can sue in federal court for an injunction to stop it, using the same rules courts normally use for injunctions. Only the United States, not private parties, can seek this kind of injunction against a common carrier regulated by the Surface Transportation Board. If the person suing largely wins, the court must award the cost of the suit, including a reasonable attorney's fee.

Any person, firm, corporation, or association can sue in a federal court that has jurisdiction over the parties, to get injunctive relief against a threatened loss or damage caused by a violation of the antitrust laws — including sections 13, 14, 18, and 19 of this title. This works under the same conditions and legal principles that courts of equity normally use to grant injunctions against threatened harm, following the usual procedural rules. If you post a proper bond (to cover damages in case the injunction turns out to have been wrongly granted) and show that the danger of irreparable loss or damage is immediate, the court may issue a preliminary injunction. There is one exception: except for the United States itself, no one may use this section to sue for injunctive relief against a common carrier that the Surface Transportation Board regulates under subtitle IV of title 49. If you sue under this section and substantially prevail, the court must award you the cost of the suit, including a reasonable attorney's fee.
the actual law source: uscode.house.gov ↗public domain

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 threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Oct. 15, 1914, ch. 323 · 38 Stat. 737
  • 1976Amended · Pub. L. 94-435 · 90 Stat. 1396
  • 1995Amended · Pub. L. 104-88 · 109 Stat. 949

A history note hasn’t been published yet. The record shows enactment by ch. 323 on 1914-10-15.

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