15 U.S.C. § 15a — Suits by United States; amount of recovery;

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