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15 U.S.C. § 4303 — Limitation on recovery

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

15 U.S.C. § 4303 — Limitation on recovery

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Stable record: federal_law:legal_authorities:record_usc_d41a9de82f72d4efd191ff9a
Source file: Laws/federal/codes/united-states-code/title-15/section-4303-limitation-on-recovery--437191ca37.md
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Source location: Title 15, Chapter 69, § 4303; chapter-069-cooperative-research.md

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**(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 subsection (a)(1) of such section, 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&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). **(c) Conduct similar under State law** Notwithstanding any provision of any State law providing damages for conduct similar to that forbidden by the antitrust laws, any person who is entitled to recovery on a claim under such provision shall not recover in excess of 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 notification has become 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). **(d) Interest** Interest shall be awarded on the damages involved for the period beginning on the earliest date for which injury can be established and ending on the date of judgment, unless the court finds that the award of all or part of such interest is unjust in the circumstances. **(e) Rule of construction** Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who— (1) directly (or through an employee or agent) 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 the 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. **(f) Applicability** This section shall be applicable only if the challenged conduct of a person defending against a claim is not in violation of any decree or order, entered or issued after October 11, 1984, in any case or proceeding under the antitrust laws or any State law similar to the antitrust laws challenging such conduct as part of a joint venture, or of a standards development activity engaged in by a standards development organization.

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

15 U.S.C. § 15 — Suits by persons injured

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15c

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

28 U.S.C. § 1961 — Interest

**(a)** Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.11 So in original. The period probably should not appear. the date of the judgment. The Director of the Administrative Office of the United States Courts shall distribute notice of that rate and any changes in it to all Federal judges. **(b)** Interest shall be computed daily to the date of payment except as provided in [section 2516(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim) and [section 1304(b) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304/b&num=0&edition=prelim), and shall be compounded annually. **(c)** (1) This section shall not apply in any judgment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at the underpayment rate or overpayment rate (whichever is appropriate) established under section 6621 of the Internal Revenue Code of 1986. (2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit,22 So in original. Probably should be capitalized. at the rate provided in subsection (

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1961

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

15 U.S.C. § 4304 — Award of costs, including attorney’s fees, to substantially prevailing party; offset

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4304

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

15 U.S.C. § 4305 — Disclosure of joint venture

**(a) Written notifications; filing** (1) Any party to a joint venture, acting on such venture’s behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after October 11, 1984, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing— (A) the identities of the parties to such venture, (B) the nature and objectives of such venture, and (C) if a purpose of such venture is the production of a product, process, or service, as referred to in [section 4301(a)(6)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4301/a/6/D&num=0&edition=prelim), the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party. Any party to such venture, acting on such venture’s behalf, may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim). In order to maintain the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim), such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attorney General and the Commission a written notification disclosing such change. (2) A standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4305

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

15 U.S.C. § 4306 — Application of section 4303 protections to production of products, processes, and services

Notwithstanding sections 4303 and 4305 of this title, the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim) shall not apply with respect to a joint venture’s production of a product, process, or service, as referred to in [section 4301(a)(6)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4301/a/6/D&num=0&edition=prelim), unless— (1) the principal facilities for such production are located in the United States or its territories, and (2) each person who controls any party to such venture (including such party itself) is a United States person, or a foreign person from a country whose law accords antitrust treatment no less favorable to United States persons than to such country’s domestic persons with respect to participation in joint ventures for production.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4306

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

15 U.S.C. § 4303 — Limitation on recovery

Page 2115 TITLE 15—COMMERCE AND TRADE § 4303 section 3701 of this title] recognized the importance of technical standards developed by voluntary con- sensus standards bodies to our national economy by requiring the use of such standards to the extent practicable by Federal agencies and by encouraging Federal agency representatives to participate in on- going standards development activities. The Office of Management and Budget on February 18, 1998, revised Circular A–119 to reflect these changes made in law. ‘‘(3) Following enactment of the National Tech- nology Transfer and Advancement Act of 1995, tech- nical standards developed or adopted by voluntary consensus standards bodies have replaced thousands of unique Government standards and specifications allowing the national economy to operate in a more unified fashion. ‘‘(4) Having the same technical standards used by Federal agencies and by the private sector permits the Government to avoid the cost of developing dupli- cative Government standards and to more readily use products and components designed for the commer- cial marketplace, thereby enhancing quality and safety and reducing costs. ‘‘(5) Technical standards are written by hundreds of nonprofit voluntary consensus standards bodies in a nonexclusionary fashion, using thousands of volun- teers from the private and public sectors, and are de- veloped under the standards development principles set out in Circular Number A–119, as revised February 18, 1998, of the Office of Management and Budget, in- cluding principles that require openness, balance, transparency, consensus, and due process. Such prin- ciples provide for— ‘‘(A) notice to all parties known to be affected by the particular standards development activity, ‘‘(B) the opportunit

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 4303

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