15 U.S.C. § 34 — Definitions applicable to sections 34 to 36

Page 43 TITLE 15—COMMERCE AND TRADE § 34 AMENDMENTS 1974—Pub. L. 93–528 substituted provisions for appeals to the court of appeals from civil actions in district courts where equitable relief is sought, review by the Supreme Court of judgments of courts of appeals, and for direct appeals to the Supreme Court of cases involv- ing general public importance, for provisions that ap- peals from final judgments of district courts lie to the Supreme Court only. 1948—Act June 25, 1948, amended section generally to strike out provisions relating to time for appeal, proce- dure, etc. See sections 2101 and 2109 of Title 28, Judici- ary and Judicial Procedure. 1944—Act June 9, 1944, provided for certification of case to circuit court of appeals when there was no quorum of Justices of the Supreme Court qualified to participate in the consideration of the case and for des- ignation of circuit judges in the event of disqualifica- tion from hearing the case. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act Mar. 3, 1911, which transferred the powers and du- ties of the circuit courts to the district courts, sub- stituted ‘‘district court’’ for ‘‘circuit court’’. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–528, § 7, Dec. 21, 1974, 88 Stat. 1710, provided that: ‘‘The amendment made by section 5 of this Act [amending this section] shall not apply to an action in which a notice of appeal to the Supreme Court has been filed on or before the fifteenth day following the date of enactment of this Act [Dec. 21, 1974]. Appeal in any such action shall be taken pursuant to the provisions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; [former] 49 U.S.C. 45) which were in effect on the day preceding the date of enact- ment of this Act.’’ EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. EFFECTIVE DATE OF 1944 AMENDMENT Act June 9, 1944, ch. 239, 58 Stat. 272, provided in part: ‘‘This Act [this section] shall apply to every case pend- ing before the Supreme Court of the United States on the date of its enactment [June 9, 1944].’’ SHORT TITLE Act Feb. 11, 1903, which enacted sections 28 and 29 of this title, is commonly known as the ‘‘Expediting Act’’. § 30. Repealed. Pub. L. 107–273, div. C, title IV, § 14102(f), Nov. 2, 2002, 116 Stat. 1922 Section, act Mar. 3, 1913, ch. 114, 37 Stat. 731, provided that depositions for use in suits in equity brought under sections 1 to 7 of this title would be open to pub- lic. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 2, 2002, and applicable to cases pending on or after Nov. 2, 2002, see section 14103 of Pub. L. 107–273, set out as an Effective Date of 2002 Amendment note under section 3 of this title. § 31. Repealed. Pub. L. 107–273, div. C, title IV, § 14102(a), Nov. 2, 2002, 116 Stat. 1921 Section, act Aug. 24, 1912, ch. 390, § 11, 37 Stat. 567, re- lated to closure of Panama Canal to violators of anti- trust laws. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 2, 2002, and applicable only with respect to cases commenced on or after Nov. 2, 2002, see section 14103 of Pub. L. 107–273, set out as a note under section 3 of this title. §§ 32, 33. Repealed. Pub. L. 91–452, title II, §§ 209, 210, Oct. 15, 1970, 84 Stat. 929 Section 32, act Feb. 25, 1903, ch. 755, § 1, 32 Stat. 904, granted immunity from prosecution to witnesses testi- fying or producing evidence, documentary or otherwise, in any proceeding, suit, or prosecution under section 1 to 11 of this title. See section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Section 33, act June 30, 1906, ch. 3920, 34 Stat. 798, pro- vided that, under the immunity provisions of former section 32 of this title, immunity was to extend only to a natural person who, in obedience to a subpoena, testi- fied or produced evidence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Ef- fective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Repeal of sections by Pub. L. 91–452 not to affect any immunity to which any individual was entitled under sections by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. § 34. Definitions applicable to sections 34 to 36 For purposes of sections 34 to 36 of this title— (1) the term ‘‘local government’’ means— (A) a city, county, parish, town, township, village, or any other general function gov- ernmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term ‘‘person’’ has the meaning given it in subsection (a) of the first section of the Clayton Act [15 U.S.C. 12(a)], but does not in- clude any local government as defined in para- graph (1) of this section, and (3) the term ‘‘State’’ has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). (Pub. L. 98–544, § 2, Oct. 24, 1984, 98 Stat. 2750.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–544, § 6, Oct. 24, 1984, 98 Stat. 2751, provided that: ‘‘This Act [enacting this section, sections 35 and 36 of this title, and provisions set out as a note under section 1 of this title] shall take effect thirty days be- fore the date of the enactment of this Act [Oct. 24, 1984].’’ 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.