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15 U.S.C. § 4304 — Award of costs, including attorney’s fees, to substantially prevailing party; offset
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding sections 15 and 26 of this title, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint venture, or of a standards development activity engaged in by a standards development organization, the court shall, at the conclusion of the action—
(1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or
(2) award to a substantially prevailing party defending against any such claim the cost of suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.
**(b)** The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith.
**(c)** Subsections (a) and (b) shall not apply with respect to any person who—
(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,
(2) is not a fulltime employee of a standards development organization that engaged in such activity, and
(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.
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Source file: Laws/federal/codes/united-states-code/title-15/section-4304-award-of-costs-including-attorneys-fees-to-substantially-prevailing-part--4e18accec3.md
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Source location: Title 15, Chapter 69, § 4304; chapter-069-cooperative-research.md
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**(a)** Notwithstanding sections 15 and 26 of this title, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint venture, or of a standards development activity engaged in by a standards development organization, the court shall, at the conclusion of the action—
(1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or
(2) award to a substantially prevailing party defending against any such claim the cost of suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.
**(b)** The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith.
**(c)** Subsections (a) and (b) shall not apply with respect to any person who—
(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,
(2) is not a fulltime employee of a standards development organization that engaged in such activity, and
(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount recoverable** Notwithstanding [section 15 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim) and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim) on such actual damages as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to [section 4304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4304&num=0&edition=prelim) if such claim—
(1) results from conduct that is within the scope of a notification that has been filed under [section 4305(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4305/a&num=0&edition=prelim) for a joint venture, or for a standards development activity engaged in by a standards development organization against which such claim is made, and
(2) is filed after such notification becomes effective pursuant to [section 4305(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4305/c&num=0&edition=prelim).
**(b) Recovery by States** Notwithstanding [section 15c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsect
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
Page 2116
TITLE 15—COMMERCE AND TRADE
§ 4304
ages sustained by such person, interest cal-
culated at the rate specified in section 1961 of
title 28 on such actual damages as specified in
subsection (d) of this section, and the cost of
suit attributable to such claim, including a rea-
sonable attorney’s fee pursuant to section 4304
of this title if such claim—
(1) results from conduct that is within the
scope of a notification that has been filed
under section 4305(a) of this title for a joint
venture, or for a standards development activ-
ity engaged in by a standards development or-
ganization against which such claim is made,
and
(2) is filed after such notification becomes
effective pursuant to section 4305(c) of this
title.
(b) Recovery by States
Notwithstanding section 15c of this title, and
in lieu of the relief specified in such section, any
State that is entitled to monetary relief on a
claim under such section shall recover the total
damage sustained as described in subsection
(a)(1) of such section, interest calculated at the
rate specified in section 1961 of title 28 on such
total damage as specified in subsection (d) of
this section, and the cost of suit attributable to
such claim, including a reasonable attorney’s
fee pursuant to section 15c of this title if such
claim—
(1) results from conduct that is within the
scope of a notification that has been filed
under section 4305(a) of this title for a joint
venture, or for a standards development activ-
ity engaged in by a standards development or-
ganization against which such claim is made,
and
(2) is filed after such notification becomes
effective pursuant to section 4305(c) of this
title.
(c) Conduct similar under State law
Notwithstanding any provision of any State
law pro
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 4304
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