42 U.S.C. § 8235f: Application of other laws

Summary

Lets federal and state agencies keep using their power to stop unfair competition and deceptive business practices. It does not give anyone protection from civil or criminal liability, does not create defenses to antitrust cases, and does not cut back anyone’s private right to sue under the antitrust laws. If a public utility signs a contract under an approved prototype residential energy‑efficiency plan, the utility does not have to perform the actions required by sections 8216(a) and (b) for homes in the contracted area if the contract requires those same or equivalent actions approved by the Secretary. For this part, “antitrust laws” means the Sherman Act; the Clayton Act; the Federal Trade Commission Act; sections 73 and 74 of the Wilson Tariff Act; and sections 2, 3, and 4 of the Robinson‑Patman Antidiscrimination Act.

Title 42, §8235f

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Lack of immunity

No provision contained in this part—

(1)shall restrict any agency of the United States or any State from exercising its powers under any law to prevent unfair methods of competition and unfair or deceptive acts or practices;

(2)shall provide to any person any immunity from civil or criminal liability;

(3)shall create any defenses to actions brought under the antitrust laws; or

(4)shall modify or abridge any private right of action under the antitrust laws.

(b)Utility programs under part A

Any public utility entering into a contract under a plan for the establishment of a prototype residential energy efficiency program approved under section 8235a(a) of this title shall not be required to carry out, with respect to any residential building located in the portion of the utility’s service area designated in the contract, the actions required to be contained in such utility’s program by subsections (a) and (b) of section 8216 of this title, if the contract requires such actions (or equivalent actions as determined by the Secretary) to be taken.

(c)“Antitrust laws” defined

For purposes of this section, the term “antitrust laws” means—

(1)the Sherman Act (15 U.S.C. 1 et seq.);

(2)the Clayton Act (15 U.S.C. 12 et seq.);

(3)the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

(4)section 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9); and

(5)section 2, 3, and 4 of the Act entitled “An Act to amend section 2 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914, as amended (U.S.C., title 15, sec. 13), and for other purposes” approved June 19, 1936 (15 U.S.C. 21a, 13a, and 13b, commonly known as the Robinson-Patman Antidiscrimination Act).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 8216 of this title, referred to in subsec. (b), was omitted from the Code pursuant to section 8229 of this title, which terminated authority under that section

June 30, 1989. The Sherman Act (15 U.S.C. 1 et seq.), referred to in subsec. (c)(1), is act

July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 1 of Title 15 and Tables. The Clayton Act (15 U.S.C. 12 et seq.), referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to section 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and section 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see

References in Text

note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred to in subsec. (c)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

§8235f Application of Other Laws

Summary

Title 42, §8235f

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

References in Text

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