15 U.S.C. § 4304 — Award of costs, including attorney’s fees,

Page 2116 TITLE 15—COMMERCE AND TRADE § 4304 ages sustained by such person, interest cal- culated at the rate specified in section 1961 of title 28 on such actual damages as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a rea- sonable attorney’s fee pursuant to section 4304 of this title if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 4305(a) of this title for a joint venture, or for a standards development activ- ity engaged in by a standards development or- ganization against which such claim is made, and (2) is filed after such notification becomes effective pursuant to section 4305(c) of this title. (b) Recovery by States Notwithstanding section 15c of this title, and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsection (a)(1) of such section, interest calculated at the rate specified in section 1961 of title 28 on such total damage as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 15c of this title if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 4305(a) of this title for a joint venture, or for a standards development activ- ity engaged in by a standards development or- ganization against which such claim is made, and (2) is filed after such notification becomes effective pursuant to section 4305(c) of this title. (c) Conduct similar under State law Notwithstanding any provision of any State law providing damages for conduct similar to that forbidden by the antitrust laws, any person who is entitled to recovery on a claim under such provision shall not recover in excess of the actual damages sustained by such person, inter- est calculated at the rate specified in section 1961 of title 28 on such actual damages as speci- fied in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 4304 of this title if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 4305(a) of this title for a joint venture, or for a standards development activ- ity engaged in by a standards development or- ganization against which such claim is made, and (2) is filed after notification has become ef- fective pursuant to section 4305(c) of this title. (d) Interest Interest shall be awarded on the damages in- volved for the period beginning on the earliest date for which injury can be established and ending on the date of judgment, unless the court finds that the award of all or part of such inter- est is unjust in the circumstances. (e) Rule of construction Subsections (a), (b), and (c) shall not be con- strued to modify the liability under the anti- trust laws of any person (other than a standards development organization) who— (1) directly (or through an employee or agent) participates in a standards develop- ment activity with respect to which a viola- tion of any of the antitrust laws is found, (2) is not a fulltime employee of the stand- ards development organization that engaged in such activity, and (3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with re- spect to which such violation is found. (f) Applicability This section shall be applicable only if the challenged conduct of a person defending against a claim is not in violation of any decree or order, entered or issued after October 11, 1984, in any case or proceeding under the antitrust laws or any State law similar to the antitrust laws challenging such conduct as part of a joint venture, or of a standards development activity engaged in by a standards development organi- zation. (Pub. L. 98–462, § 4, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103–42, § 3(e)(1), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 105, June 22, 2004, 118 Stat. 663.) Editorial Notes AMENDMENTS 2004—Subsecs. (a)(1), (b)(1), (c)(1). Pub. L. 108–237, § 105(1), inserted ‘‘, or for a standards development ac- tivity engaged in by a standards development organiza- tion against which such claim is made’’ after ‘‘joint venture’’. Subsec. (e). Pub. L. 108–237, § 105(3), added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 108–237, § 105(2)(A), inserted ‘‘, or of a stand- ards development activity engaged in by a standards development organization’’ before period at end. Subsec. (f). Pub. L. 108–237, § 105(2)(B), redesignated subsec. (e) as (f). 1993—Subsecs. (a) to (c). Pub. L. 103–42, § 3(e)(1)(A), (B), in introductory provisions inserted ‘‘of this sec- tion’’ after ‘‘subsection (d)’’ and in par. (1) substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’. Subsec. (e). Pub. L. 103–42, § 3(e)(1)(A), (C), substituted ‘‘October 11, 1984,’’ for ‘‘the effective date of this Act’’ and substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’. § 4304. Award of costs, including attorney’s fees, to substantially prevailing party; offset (a) Notwithstanding sections 15 and 26 of this title, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint venture, or of a standards development activity engaged in by a standards development organization, the court shall, at the conclusion of the action— (1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or (2) award to a substantially prevailing party defending against any such claim the cost of Page 2117 TITLE 15—COMMERCE AND TRADE § 4305 1 So in original. suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. (b) The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, at- tributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith. (c) Subsections (a) and (b) shall not apply with respect to any person who— (1) directly participates in a standards devel- opment activity with respect to which a viola- tion of any of the antitrust laws is found, (2) is not a fulltime employee of a standards development organization that engaged in such activity, and (3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with re- spect to which such violation is found. (Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103–42, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 106, June 22, 2004, 118 Stat. 664.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–237, § 106(1), inserted ‘‘, or of a standards development activity engaged in by a standards development organization’’ after ‘‘joint venture’’ in introductory provisions. Subsec. (c). Pub. L. 108–237, § 106(2), added subsec. (c). 1993—Subsec. (a). Pub. L. 103–42 substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’ in introductory provisions. § 4305. Disclosure of joint venture (a) Written notifications; filing (1) Any party to a joint venture, acting on such venture’s behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after October 11, 1984, whichever is later, file simulta- neously with the Attorney General and the Com- mission a written notification disclosing— (A) the identities of the parties to such ven- ture, (B) the nature and objectives of such ven- ture, and (C) if a purpose of such venture is the pro- duction of a product, process, or service, as re- ferred to in section 4301(a)(6)(D) of this title, the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party. Any party to such venture, acting on such ven- ture’s behalf, may file additional disclosure no- tifications pursuant to this section as are appro- priate to extend the protections of section 4303 of this title. In order to maintain the protec- tions of section 4303 of this title, such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attor- ney General and the Commission a written noti- fication disclosing such change. (2) A standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or promulgating a 1 voluntary consensus standards or not later than 90 days after June 22, 2004, whichever is later, file simultaneously with the Attorney General and the Commission, a written notification dis- closing— (A) the name and principal place of business of the standards development organization, and (B) documents showing the nature and scope of such activity. Any standards development organization may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section 4303 of this title to stand- ards development activities that are not covered by the initial filing or that have changed signifi- cantly since the initial filing. (b) Publication; Federal Register; notice Except as provided in subsection (e), not later than 30 days after receiving a notification filed under subsection (a), the Attorney General or the Commission shall publish in the Federal Register a notice with respect to such venture that identifies the parties to such venture and that describes in general terms the area of planned activity of such venture, or a notice with respect to such standards development ac- tivity that identifies the standards development organization engaged in such activity and that describes such activity in general terms. Prior to its publication, the contents of such notice shall be made available to the parties to such venture or available to such organization, as the case may be. (c) Effect of notice If with respect to a notification filed under subsection (a), notice is published in the Federal Register, then such notification shall operate to convey the protections of section 4303 of this title as of the earlier of— (1) the date of publication of notice under subsection (b), or (2) if such notice is not so published within the time required by subsection (b), after the expiration of the 30-day period beginning on the date the Attorney General or the Commis- sion receives the applicable information de- scribed in subsection (a). (d) Exemption; disclosure; information Except with respect to the information pub- lished pursuant to subsection (b)— (1) all information and documentary mate- rial submitted as part of a notification filed pursuant to this section, and (2) all other information obtained by the At- torney General or the Commission in the course of any investigation, administrative