§ 26. — Injunctive relief for private parties; exception; costs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC26]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 26. Injunctive relief for private parties; exception; 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 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.
(Oct. 15, 1914, ch. 323, Sec. 16, 38 Stat. 737; Pub. L. 94-435, title
III, Sec. 302(3), Sept. 30, 1976, 90 Stat. 1396; Pub. L. 104-88, title
III, Sec. 318(3), Dec. 29, 1995, 109 Stat. 949.)
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.
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 701 of
Title 49, Transportation.
Section Referred to in Other Sections
This section is referred to in sections 4016, 4304 of this title;
title 46 App. section 1706.
