
15
U.S.C. 12-27
15 U.S.C.
§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.
15 U.S.C.
§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) of this section, it shall be unlawful for
any person engaged in commerce, in the course of such commerce,
directly or indirectly to impose any condition, restriction, 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
transactions concerning such person's conventional motor fuel; or
(2) otherwise
unreasonably discriminates against or unreasonably limits the sale,
resale, 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
liability disclaimers; advertising support; furnishing facilities.
Nothing in this section or in any other provision of law in
effect on December 2, 1980, which is specifically applicable to the
sale of petroleum products shall preclude any person referred to in
subsection (a) of this section from imposing a reasonable fee for
credit on the sale, resale, or transfer of the gasohol or other
synthetic motor fuel referred to in subsection (a) of this section if
such fee equals no more than the actual costs to such person of
extending that credit.
The prohibitions in
this section shall not apply to any person who makes available
sufficient supplies of gasohol and other synthetic motor fuels of
equivalent usability to satisfy his customers' needs for such products,
if the gasohol and other synthetic fuels are made available on terms
and conditions which are equivalent to the terms and conditions on
which such person's conventional motor fuel products are made
available.
Nothing in this
section shall—preclude any person referred to in subsection (a) of
this section from requiring reasonable labeling of pumps dispensing the
gasohol or other synthetic motor fuel referred to in subsection (a) of
this section to indicate, as appropriate, that such gasohol or other
synthetic motor fuel is not manufactured, distributed, or sold by such
person; preclude such person from issuing appropriate disclaimers of
product liability for damage resulting from use of the gasohol or other
synthetic motor fuel;
require such person to
provide advertising support for the gasohol or other synthetic motor
fuel; or
require such person to
furnish or provide, at such person's own expense, any additional pumps,
tanks, or other related facilities required for the sale of the gasohol
or other synthetic motor fuel.
(c) "United
States" defined. As used in this section, "United States"
includes the several States, the District of Columbia, any territory of
the United States and any insular possession or other place under the
jurisdiction of the United States.
15 U.S.C.
§27: Effect
of partial invalidity
If any clause,
sentence, paragraph, or part of this Act shall, for any reason, be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence,
paragraph, or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
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