15 U.S.C. § 35 — Recovery of damages, etc., for antitrust vio-

Page 44 TITLE 15—COMMERCE AND TRADE § 35 § 35. Recovery of damages, etc., for antitrust vio- lations from any local government, or official or employee thereof acting in an official ca- pacity (a) Prohibition in general No damages, interest on damages, costs, or at- torney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity. (b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition Subsection (a) shall not apply to cases com- menced before the effective date of this Act un- less the defendant establishes and the court de- termines, in light of all the circumstances, in- cluding the stage of litigation and the avail- ability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consider- ation of this section, existence of a jury verdict, district court judgment, or any stage of litiga- tion subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply. (Pub. L. 98–544, § 3, Oct. 24, 1984, 98 Stat. 2750.) Editorial Notes REFERENCES IN TEXT For the effective date of this Act, referred to in sub- sec. (b), see Effective Date note below. The Clayton Act, referred to in subsecs. (a) and (b), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title and to 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 Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98–544, set out as a note under sec- tion 34 of this title. § 36. Recovery of damages, etc., for antitrust vio- lations on claim against person based on offi- cial action directed by local government, or official or employee thereof acting in an offi- cial capacity (a) Prohibition in general No damages, interest on damages, costs or at- torney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an offi- cial capacity. (b) Nonapplication of prohibition for cases com- menced before effective date of provisions Subsection (a) shall not apply with respect to cases commenced before the effective date of this Act. (Pub. L. 98–544, § 4, Oct. 24, 1984, 98 Stat. 2750.) Editorial Notes REFERENCES IN TEXT For effective date of this Act, referred to in subsec. (b), see Effective Date note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98–544, set out as a note under sec- tion 34 of this title. § 37. Immunity from antitrust laws (a) Inapplicability of antitrust laws Except as provided in subsection (d), the anti- trust laws, and any State law similar to any of the antitrust laws, shall not apply to charitable gift annuities or charitable remainder trusts. (b) Immunity Except as provided in subsection (d), any per- son subjected to any legal proceeding for dam- ages, injunction, penalties, or other relief of any kind under the antitrust laws, or any State law similar to any of the antitrust laws, on account of setting or agreeing to rates of return or other terms for, negotiating, issuing, participating in, implementing, or otherwise being involved in the planning, issuance, or payment of charitable gift annuities or charitable remainder trusts shall have immunity from suit under the anti- trust laws, including the right not to bear the cost, burden, and risk of discovery and trial, for the conduct set forth in this subsection. (c) Treatment of certain annuities and trusts Any annuity treated as a charitable gift annu- ity, or any trust treated as a charitable remain- der trust, either— (1) in any filing by the donor with the Inter- nal Revenue Service; or (2) in any schedule, form, or written docu- ment provided by or on behalf of the donee to the donor; shall be conclusively presumed for the purposes of this section and section 37a of this title to be respectively a charitable gift annuity or a chari- table remainder trust, unless there has been a final determination by the Internal Revenue Service that, for fraud or otherwise, the donor’s annuity or trust did not qualify respectively as a charitable gift annuity or charitable remain- der trust when created. (d) Limitation Subsections (a) and (b) shall not apply with re- spect to the enforcement of a State law similar to any of the antitrust laws, with respect to charitable gift annuities, or charitable remain- der trusts, created after the State enacts a stat- ute, not later than December 8, 1998, that ex- pressly provides that subsections (a) and (b) shall not apply with respect to such charitable gift annuities and such charitable remainder trusts. (Pub. L. 104–63, § 2, Dec. 8, 1995, 109 Stat. 687; Pub. L. 105–26, § 2(1), July 3, 1997, 111 Stat. 241.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘antitrust laws’’, referred to in text, see section 37a(1) of this title.