§ 26. Injunctive relief for private parties; exception; costs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1914

   Pub. L. 63–323 § 16 · 38 Stat. 730

   Enacted · 15 U.S.C. § 26

   Oct. 15, 1914, ch. 323, § 16, 38 Stat. 737

   Source evidence

   Code source credit
   Oct. 15, 1914, ch. 323, § 16, 38 Stat. 737

   Enacted provision · exact public law section
   Sec. 16. That any person, firm, corporation, or association shall be Injunctions allowed against threatened loss, etc. 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 two, three, seven and eight of this Act, 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 Bond for preliminary injunction. 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 Proviso. Restriction as to common carriers. Vol. 24, p. 371. any person, firm, corporation, or association, except the United States, to bring suit 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.

2. 1976

   Sherman Act

   Pub. L. 94–435 title III § 302(3) · 90 Stat. 1383

   Inserted · 15 U.S.C. § 26

   Pub. L. 94–435 inserted provision authorizing court to award costs, including attorneys’ fees, to a successful plaintiff

   Source evidence

   Code amendment note
   Pub. L. 94–435 inserted provision authorizing court to award costs, including attorneys’ fees, to a successful plaintiff.

   Enacted provision · exact public law section
   (3) by adding at the end of section 16 (15 U.S.C. 26) the following: “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.”.

3. 1995

   ICC Termination Act of 1995

   Pub. L. 104–88 title III § 318(3) · 109 Stat. 803

   Substituted · 15 U.S.C. § 26

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (3) in section 16 (15 U.S.C. 22) by striking “in equity 15 USC 26. for injunctive relief” and all that follows through “Interstate Commerce Commission” and inserting in lieu thereof “for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code”.

   Effective date note
   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, Transportation.

3 of 3 references resolved to an enrolled provision