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

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 lease, sale, or contract for sale or such condition, agreement, or understanding may be to substan- tially lessen competition or tend to create a mo- nopoly in any line of commerce. (Oct. 15, 1914, ch. 323, § 3, 38 Stat. 731.) § 15. Suits by persons injured (a) Amount of recovery; prejudgment interest Except as provided in subsection (b), any per- son who shall be injured in his business or prop- erty by reason of anything forbidden in the anti- trust 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 rea- sonable 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 cir- cumstances. 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 lack- ing in merit as to show that such party or rep- resentative acted intentionally for delay, or otherwise acted in bad faith; (2) whether, in the course of the action in- volved, such person or the opposing party, or either party’s representative, violated any ap- plicable rule, statute, or court order providing for sanctions for dilatory behavior or other- wise providing for expeditious proceedings; and (3) whether such person or the opposing party, or either party’s representative, en- gaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (b) Amount of damages payable to foreign states and instrumentalities of foreign states (1) Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney’s fee. (2) Paragraph (1) shall not apply to a foreign state if— (A) such foreign state would be denied, under section 1605(a)(2) of title 28, immunity in a case in which the action is based upon a com- mercial activity, or an act, that is the subject matter of its claim under this section; (B) such foreign state waives all defenses based upon or arising out of its status as a for- eign state, to any claims brought against it in the same action; (C) such foreign state engages primarily in commercial activities; and (D) such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state. (c) Definitions For purposes of this section— (1) the term ‘‘commercial activity’’ shall have the meaning given it in section 1603(d) of title 28, and (2) the term ‘‘foreign state’’ shall have the meaning given it in section 1603(a) of title 28. (Oct. 15, 1914, ch. 323, § 4, 38 Stat. 731; Pub. L. 96–349, § 4(a)(1), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 97–393, Dec. 29, 1982, 96 Stat. 1964.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in subsec. (a), are de- fined in section 12 of this title. PRIOR PROVISIONS Section supersedes two former similar sections en- acted by act July 2, 1890, ch. 647, § 7, 26 Stat. 210, and act Aug. 27, 1894, ch. 349, § 77, 28 Stat. 570, each of which were restricted in operation to the particular act cited. Section 7 of act July 2, 1890, was repealed by act July 7, 1955, ch. 283, § 3, 69 Stat. 283, effective six months Page 23 TITLE 15—COMMERCE AND TRADE § 15c after July 7, 1955. Section 77 of act Aug. 27, 1894, was re- pealed by Pub. L. 107–273, div. C, title IV, §§ 14102(c)(1)(A), 14103, Nov. 2, 2002, 116 Stat. 1921, 1922, effective Nov. 2, 2002, and applicable only with respect to cases commenced on or after Nov. 2, 2002. AMENDMENTS 1982—Pub. L. 97–393 designated existing provisions as subsec. (a), inserted ‘‘Except as provided in subsection (b),’’, and added subsecs. (b) and (c). 1980—Pub. L. 96–349 inserted provisions respecting award of prejudgment interest including considerations for the court in determining whether an award is just under the circumstances. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–349, § 4(b), Sept. 12, 1980, 94 Stat. 1157, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 15a and 15c of this title] shall apply only with respect to actions com- menced after the date of the enactment of this Act [Sept 12, 1980].’’ § 15a. Suits by United States; amount of recovery; prejudgment interest Whenever the United States is hereafter in- jured in its business or property by reason of anything forbidden in the antitrust laws it may sue therefor in the United States district court for the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover three- fold the damages by it sustained and the cost of suit. The court may award under this section, pursuant to a motion by the United States promptly made, simple interest on actual dam- ages for the period beginning on the date of service of the pleading of the United States set- ting 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 the United States or the oppos- ing 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 in- volved, the United States or the opposing party, or either party’s representative, vio- lated any applicable rule, statute, or court order providing for sanctions for dilatory be- havior or otherwise providing for expeditious proceedings; (3) whether the United States or the oppos- ing party, or either party’s representative, en- gaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof; and (4) whether the award of such interest is nec- essary to compensate the United States ade- quately for the injury sustained by the United States. (Oct. 15, 1914, ch. 323, § 4A, as added July 7, 1955, ch. 283, § 1, 69 Stat. 282; amended Pub. L. 96–349, § 4(a)(2), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 101–588, § 5, Nov. 16, 1990, 104 Stat. 2880.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12 of this title. AMENDMENTS 1990—Pub. L. 101–588 substituted ‘‘threefold the’’ for ‘‘actual’’. 1980—Pub. L. 96–349 inserted provisions respecting award of prejudgment interest including considerations for the court in determining whether an award is just under the circumstances. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–349 applicable only with re- spect to actions commenced after Sept. 12, 1980, see sec- tion 4(b) of Pub. L. 96–349, set out as a note under sec- tion 15 of this title. EFFECTIVE DATE Section effective six months after July 7, 1955, see note set out under section 15b of this title. § 15b. Limitation of actions Any action to enforce any cause of action under section 15, 15a, or 15c of this title shall be forever barred unless commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effec- tive date of this Act shall be revived by this Act. (Oct. 15, 1914, ch. 323, § 4B, as added July 7, 1955, ch. 283, § 1, 69 Stat. 283; amended Pub. L. 94–435, title III, § 302(1), Sept. 30, 1976, 90 Stat. 1396.) Editorial Notes REFERENCES IN TEXT The effective date of this Act, referred to in text, probably refers to the effective date of act July 7, 1955, ch. 283, 69 Stat. 282, which was six months after July 7, 1955. This Act, referred to in text, probably refers to act July 7, 1955. AMENDMENTS 1976—Pub. L. 94–435 substituted ‘‘section 15, 15a, or 15c’’ for ‘‘sections 15 or 15a’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act July 7, 1955, ch. 283, § 4, 69 Stat. 283, provided: ‘‘This Act [enacting this section and section 15a of this title, amending section 16 of this title, and repealing provisions set out as a note under section 15 of this title] shall take effect six months after its enactment [July 7, 1955].’’ § 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 re- siding in such State, in any district court of the United States having jurisdiction of the defend- ant, to secure monetary relief as provided in