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15 U.S.C. § 35 — Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition in general** No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act ([15 U.S.C. 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim), 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity.
**(b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition** Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply.
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Source file: Laws/federal/codes/united-states-code/title-15/section-35-recovery-of-damages-etc-for-antitrust-violations-from-any-local-governme--406e5a468d.md
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Source location: Title 15, Chapter 1, § 35; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md
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**(a) Prohibition in general** No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act ([15 U.S.C. 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim), 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity.
**(b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition** Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount of recovery; prejudgment interest** Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only—
(1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;
(2) whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and
(3) whether such person or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
**(b) Amount of damages pa
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of sections 34 to 36 of this title—
(1) the term “local government” means—
(A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or
(B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States,
(2) the term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act [[15 U.S.C. 12(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12/a&num=0&edition=prelim)], but does not include any local government as defined in paragraph (1) of this section, and
(3) the term “State” has the meaning given it in section 4G(2) of the Clayton Act ([15 U.S.C. 15g(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15g/2&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
Page 22
TITLE 15—COMMERCE AND TRADE
§ 13c
§ 13c. Exemption of non-profit institutions from
price discrimination provisions
Nothing in the Act approved June 19, 1936,
known as the Robinson-Patman Antidiscrimina-
tion Act, shall apply to purchases of their sup-
plies for their own use by schools, colleges, uni-
versities, public libraries, churches, hospitals,
and charitable institutions not operated for
profit.
(May 26, 1938, ch. 283, 52 Stat. 446.)
Editorial Notes
REFERENCES IN TEXT
The Act approved June 19, 1936, known as the Robin-
son-Patman Antidiscrimination Act, referred to in
text, is act June 19, 1936, ch. 592, 49 Stat. 1526, also
known as the Robinson-Patman Price Discrimination
Act, which enacted sections 13a, 13b, and 21a of this
title and amended section 13 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 13 of this title and Tables.
§ 14. Sale, etc., on agreement not to use goods of
competitor
It shall be unlawful for any person engaged in
commerce, in the course of such commerce, to
lease or make a sale or contract for sale of
goods, wares, merchandise, machinery, supplies,
or other commodities, whether patented or
unpatented, for use, consumption, or resale
within the United States or any Territory there-
of or the District of Columbia or any insular
possession or other place under the jurisdiction
of the United States, or fix a price charged
therefor, or discount from, or rebate upon, such
price, on the condition, agreement, or under-
standing that the lessee or purchaser thereof
shall not use or deal in the goods, wares, mer-
chandise, machinery, supplies, or other com-
modities of a competitor or competitors of the
lessor or seller, where the effect of such leas
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Federal law — U.S. Code and appendices · legal_authorities
Page 44
TITLE 15—COMMERCE AND TRADE
§ 35
§ 35. Recovery of damages, etc., for antitrust vio-
lations from any local government, or official
or employee thereof acting in an official ca-
pacity
(a) Prohibition in general
No damages, interest on damages, costs, or at-
torney’s fees may be recovered under section 4,
4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or
15c) from any local government, or official or
employee thereof acting in an official capacity.
(b) Preconditions for attachment of prohibition;
prima facie evidence for nonapplication of
prohibition
Subsection (a) shall not apply to cases com-
menced before the effective date of this Act un-
less the defendant establishes and the court de-
termines, in light of all the circumstances, in-
cluding the stage of litigation and the avail-
ability of alternative relief under the Clayton
Act, that it would be inequitable not to apply
this subsection to a pending case. In consider-
ation of this section, existence of a jury verdict,
district court judgment, or any stage of litiga-
tion subsequent thereto, shall be deemed to be
prima facie evidence that subsection (a) shall
not apply.
(Pub. L. 98–544, § 3, Oct. 24, 1984, 98 Stat. 2750.)
Editorial Notes
REFERENCES IN TEXT
For the effective date of this Act, referred to in sub-
sec. (b), see Effective Date note below.
The Clayton Act, referred to in subsecs. (a) and (b), is
act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified
generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of
this title and to 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 this title and Tables.
Statutory Notes and Related Subsidiaries
EFFEC
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