Title 15 — Commerce and TradeRelease 119-73
§26 Injunctive relief for private parties; exception; costs
Title 15 › Chapter CHAPTER 1— - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE › § 26
Summary
Anyone may sue in a U.S. court to stop a threatened antitrust violation (secs. 13, 14, 18, 19). Courts use equity rules. A preliminary order may issue if plaintiff posts a bond and shows immediate harm. Private parties, not the United States, cannot seek such orders against common carriers under the Surface Transportation Board, subtitle IV of title 49. If plaintiff substantially prevails, the court must award costs and reasonable attorney’s fees.
Full Legal Text
Title 15, §26
Commerce and Trade — Source: USLM XML via OLRC
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 section 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Effective Date
of 1995 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
15 U.S.C. § 26
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73