15 U.S.C. § 15g — Definitions

Page 25 TITLE 15—COMMERCE AND TRADE § 16 § 15e. Distribution of damages Monetary relief recovered in an action under section 15c(a)(1) of this title shall— (1) be distributed in such manner as the dis- trict court in its discretion may authorize; or (2) be deemed a civil penalty by the court and deposited with the State as general reve- nues; subject in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief. (Oct. 15, 1914, ch. 323, § 4E, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1395.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Injuries sustained prior to Sept. 30, 1976, not covered by this section, see section 304 of Pub. L. 94–435, set out as a note under section 15c of this title. § 15f. Actions by Attorney General (a) Notification to State attorney general Whenever the Attorney General of the United States has brought an action under the anti- trust laws, and he has reason to believe that any State attorney general would be entitled to bring an action under this Act based substan- tially on the same alleged violation of the anti- trust laws, he shall promptly give written noti- fication thereof to such State attorney general. (b) Availability of files and other materials To assist a State attorney general in evalu- ating the notice or in bringing any action under this Act, the Attorney General of the United States shall, upon request by such State attor- ney general, make available to him, to the ex- tent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of ac- tion under this Act. (Oct. 15, 1914, ch. 323, § 4F, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1395.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in subsec. (a), are de- fined in section 12 of this title. This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Injuries sustained prior to Sept. 30, 1976, not covered by this section, see section 304 of Pub. L. 94–435, set out as a note under section 15c of this title. § 15g. Definitions For the purposes of sections 15c, 15d, 15e, and 15f of this title: (1) The term ‘‘State attorney general’’ means the chief legal officer of a State, or any other person authorized by State law to bring actions under section 15c of this title, and in- cludes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on— (A) a contingency fee based on a percent- age of the monetary relief awarded under this section; or (B) any other contingency fee basis, unless the amount of the award of a reasonable at- torney’s fee to a prevailing plaintiff is deter- mined by the court under section 15c(d)(1) of this title. (2) The term ‘‘State’’ means a State, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, and any other territory or possession of the United States. (3) The term ‘‘natural persons’’ does not in- clude proprietorships or partnerships. (Oct. 15, 1914, ch. 323, § 4G, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1396.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Injuries sustained prior to Sept. 30, 1976, not covered by this section, see section 304 of Pub. L. 94–435, set out as a note under section 15c of this title. § 15h. Applicability of parens patriae actions Sections 15c, 15d, 15e, 15f, and 15g of this title shall apply in any State, unless such State pro- vides by law for its nonapplicability in such State. (Oct. 15, 1914, ch. 323, § 4H, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1396.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Injuries sustained prior to Sept. 30, 1976, not covered by this section, see section 304 of Pub. L. 94–435, set out as a note under section 15c of this title. § 16. Judgments (a) Prima facie evidence; collateral estoppel A final judgment or decree heretofore or here- after rendered in any civil or criminal pro- ceeding brought by or on behalf of the United States under the antitrust laws to the effect that a defendant has violated said laws shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under said laws as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto: Provided, That this section shall not apply to consent judgments or decrees en- tered before any testimony has been taken. Nothing contained in this section shall be con- strued to impose any limitation on the applica- tion of collateral estoppel, except that, in any action or proceeding brought under the anti- trust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under section 45 of this title which could give rise to a claim for relief under the antitrust laws.