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15 U.S.C. § 15d — Measurement of damages

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 15d — Measurement of damages

In any action under [section 15c(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c/a/1&num=0&edition=prelim), in which there has been a determination that a defendant agreed to fix prices in violation of sections 1 to 7 of this title, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.

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Stable record: federal_law:legal_authorities:record_usc_c4b744712d87b0d17b26f989
Source file: Laws/federal/codes/united-states-code/title-15/section-15d-measurement-of-damages--18d5cddb60.md
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Passage SHA-256: 9218b4c91e152fbaed8703250e3f55652b4a95089b151377e19e6a3225e84fa7

Source location: Title 15, Chapter 1, § 15d; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md

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In any action under [section 15c(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c/a/1&num=0&edition=prelim), in which there has been a determination that a defendant agreed to fix prices in violation of sections 1 to 7 of this title, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 15c — Actions by State attorneys general

**(a) Parens patriae; monetary relief; damages; prejudgment interest** (1) Any attorney general of a State may bring a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to subsection (b)(2) of this section, and (ii) any business entity. (2) The court shall award the State as monetary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable attorney’s fee. The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State’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 paragraph for any period is just in the circumstances, the court shall consider only— (A) whether such State 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

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 15d — Measurement of damages

Page 24 TITLE 15—COMMERCE AND TRADE § 15d this section for injury sustained by such natural persons to their property by reason of any viola- tion of sections 1 to 7 of this title. The court shall exclude from the amount of monetary re- lief awarded in such action any amount of mone- tary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to sub- section (b)(2) of this section, and (ii) any busi- ness entity. (2) The court shall award the State as mone- tary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable at- torney’s fee. The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State’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 cir- cumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall con- sider only— (A) whether such State or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lack- ing in merit as to show that such party or rep- resentative acted intentionally for delay or otherwise acted in bad faith; (B) whether, in the course of the action in- volved, such State or the opposing party, or ei- ther party’s representative, violated any ap- plicable rule, statute, or court order providing for sanctions for dila

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