
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8235f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 91--NATIONAL ENERGY CONSERVATION POLICY
 
             SUBCHAPTER II--RESIDENTIAL ENERGY CONSERVATION
 
             Part C--Residential Energy Efficiency Programs
 
Sec. 8235f. Application of other laws


(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 \1\ of this title, if the 
contract requires such actions (or equivalent actions as determined by 
the Secretary) to be taken.
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    \1\ See References in Text note below.
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(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) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 
    9); and
        (5) sections 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).

(Pub. L. 95-619, title II, Sec. 267, as added Pub. L. 96-294, title V, 
Sec. 562, June 30, 1980, 94 Stat. 749.)

                       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, as amended, 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, as amended, which 
is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 
27 of Title 15, and sections 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, as 
amended, which is classified generally to subchapter I (Sec. 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.
