15 U.S.C. § 26
Section 26 · Injunctive relief for private parties; exception; costs
This is § 16 of the Clayton Antitrust Act of 1914
Amended 3 times on record
Applied in 851 court decisions — leading case Brunswick Corporation v. Pueblo Bowl-O-Mat Inc (1977)
Most recently applied in Association of Surgical Assistants v. National Board of Surgical Technology (January 2025)
Applied most in the Third Circuit Circuit (70 decisions)
Cases citing this section usually also cite 15 U.S.C. § 1 · 15 U.S.C. § 15 · 15 U.S.C. § 2
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
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.
Federal Rules of Civil Procedure
Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.
One form of action, see rule 2.
Rules as governing the procedure in all suits of a civil nature whether cognizable as cases at common law or in equity, see rule 1.
Cross References
Labor disputes, restriction of injunctive relief, see sections 52 and 107 of Title 29, Labor.
Venue of—
Damage actions, see section 15 of this title.
Proceedings against corporations, see section 22 of this title.