15 U.S.C. § 15c — Actions by State attorneys general

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 Page 24 TITLE 15—COMMERCE AND TRADE § 15d this section for injury sustained by such natural persons to their property by reason of any viola- tion of sections 1 to 7 of this title. The court shall exclude from the amount of monetary re- lief awarded in such action any amount of mone- tary 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 sub- section (b)(2) of this section, and (ii) any busi- ness entity. (2) The court shall award the State as mone- tary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable at- torney’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 cir- cumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall con- sider only— (A) whether such State 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; (B) whether, in the course of the action in- volved, such State or the opposing party, or ei- ther 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 (C) whether such State 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) Notice; exclusion election; final judgment (1) In any action brought under subsection (a)(1) of this section, the State attorney general shall, at such times, in such manner, and with such content as the court may direct, cause no- tice thereof to be given by publication. If the court finds that notice given solely by publica- tion would deny due process of law to any person or persons, the court may direct further notice to such person or persons according to the cir- cumstances of the case. (2) Any person on whose behalf an action is brought under subsection (a)(1) may elect to ex- clude from adjudication the portion of the State claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (1) of this subsection. (3) The final judgment in an action under sub- section (a)(1) shall be res judicata as to any claim under section 15 of this title by any per- son on behalf of whom such action was brought and who fails to give such notice within the pe- riod specified in the notice given pursuant to paragraph (1) of this subsection. (c) Dismissal or compromise of action An action under subsection (a)(1) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dis- missal or compromise shall be given in such manner as the court directs. (d) Attorneys’ fees In any action under subsection (a)— (1) the amount of the plaintiffs’ attorney’s fee, if any, shall be determined by the court; and (2) the court may, in its discretion, award a reasonable attorney’s fee to a prevailing de- fendant upon a finding that the State attorney general has acted in bad faith, vexatiously, wantonly, or for oppressive reasons. (Oct. 15, 1914, ch. 323, § 4C, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1394; amended Pub. L. 96–349, § 4(a)(3), Sept. 12, 1980, 94 Stat. 1157.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in subsec. (a)(2), are defined in section 12 of this title. AMENDMENTS 1980—Subsec. (a)(2). 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 Pub. L. 94–435, title III, § 304, Sept. 30, 1976, 90 Stat. 1396, provided that: ‘‘The amendments to the Clayton Act made by section 301 of this Act [enacting this sec- tion and sections 15d to 15h of this title] shall not apply to any injury sustained prior to the date of enactment of this Act [Sept. 30, 1976].’’ § 15d. Measurement of damages In any action under section 15c(a)(1) of this title, in which there has been a determination that a defendant agreed to fix prices in violation of sections 1 to 7 of this title, damages may be proved and assessed in the aggregate by statis- tical or sampling methods, by the computation of illegal overcharges, or by such other reason- able system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the indi- vidual claim of, or amount of damage to, per- sons on whose behalf the suit was brought. (Oct. 15, 1914, ch. 323, § 4D, 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.