Commerce and Trade - 15 USC Section 26

01/03/05

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.

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.

Last modified: June 14, 2006